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(영문) 서울행정법원 2016.04.28 2014구단56843

요양불승인처분취소

Text

1. On October 29, 2013, the Defendant revoked the disposition of non-approval for medical care granted to the Plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

가. 원고는 2011. 11. 21. B병원에 입사하여 입원홍보 및 환자 유치 업무를 하다가 2012 부터는 야간 당직업무를 맡아 처리하던 자인바, 2013. 6. 3. 21:00 야간당직업무 수행 중 순찰을 하다가 심장의 이상을 느끼고 내과 과장실 침대에 누워 휴식을 취하던 중 21:45경 ‘쿵’ 하는 소리와 함께 ‘급성심근경색’(아래에서는 이 사건 상병이라 쓴다)으로 쓰러져 동료들에게 발견된 후 심폐소생술을 받고 병원에 후송되었으나 저산소성 뇌손상으로 현재 의식이 없는 상태이다.

B. The Plaintiff asserted that an acute emerculation was caused by overwork and stress, and filed an application for medical care benefits with the emerculational brain injury, liver quality, and cardiopulmonary emerculation. However, the Defendant rendered non-approval (the instant disposition) on the ground that it is difficult for the Plaintiff to objectively confirm the relationship with his/her duties because the intensity and frequency of his/her business operations conducted in the Republic of Korea were not objectively confirmed, and the intensity and frequency of his/her own intent were reflected, and the Plaintiff had a risk factor, such as he/she had a normal urology and emerculation, so it is difficult for him/her

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 13 to 15, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The plaintiff asserted that the plaintiff worked at the hospital B at night and returned to a low other cooperative hospital, and worked for 90 hours a week, such as attracting patients. From May 1, 2013, the patient attraction service increased from three times a week to 106 hours a week, and the patient attraction service at 106 hours a week. On the date of the occurrence of the disaster, the plaintiff suffered a sudden burden on the wind participating in put put in put in put in place games hosted by the hospital B, which is caused by this accident, but on the other premise, the disease of this case was caused.