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(영문) 서울행정법원 2016.10.19 2015구단14228

요양급여불승인처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

On October 27, 2014, the Plaintiff received hospital treatment under the name of “Iskin eropulmonary eculation, detailed eculation, Uskin cerebral eculation,” and “Iskin eculation, Iskin eculation, Iskin eculation, Iskin eculation, Iskin eculation, Iskin eculation, Isknish eculation, Isknish eculation, Iskin (hereinafter “Iskin eception”).

On February 10, 2015, the Plaintiff asserted that the instant injury and disease occurred due to overwork and stress, and filed an application for medical care benefits with the Defendant on February 10, 2015, but the Defendant rendered a disposition of non-approval of medical care benefits on June 10, 2015 on the ground that “it is difficult to acknowledge a proximate causal relation with the Plaintiff’s work because it is judged that the injury and disease occurred due to stress, such as a sudden change in work environment, or short-term or chronic aggravation of the individual disease due to lack of confirmation.

(hereinafter referred to as the "disposition of this case"). [Based on recognition] Gap 3, Eul 1, 6, and 8, and the purport of the entire argument as to the legitimacy of the disposition of this case as a whole, the plaintiff asserted that the disposition of this case is legitimate, and the plaintiff operated 25 tons clicks and cargo vehicles at the latest at night, and in particular, when driving a large-scale cargo vehicle at night, it requires considerable concentration, so the click and stress were accumulated.

The Plaintiff’s injury or disease was caused by occupational and stress, and there is a proximate causal relation with the Defendant’s work. Thus, the Defendant’s disposition based on a different premise is unlawful.

Facts of recognition

The following facts are recognized according to each description of the evidence Nos. 1, 2, and 5 (including the Serial Nos. 1, 5):

On November 1, 2012, the Plaintiff, including the details of the Plaintiff’s duties and the working environment, is employed by the non-party company.