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(영문) 인천지방법원 2015.12.22 2015구단384

요양불승인처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On May 20, 2012, the Plaintiff joined a corporation B (hereinafter “Nonindicted Company”) that is engaged in the manufacturing business of electrical machinery and equipment as a director and was in charge of engineering design, etc.

B. On June 20, 2013, from around 10:00 to 12:30 of the same day, the Plaintiff: (a) completed the business conference and braille judgment with the business owner; (b) completed coffee, and received treatment after being sent to a nearby hospital; (c) was diagnosed on September 21, 2013, and was transferred to a hospital at the Reduced University (hereinafter “the instant wound”); and (d) filed an application for medical care benefits with the Defendant on September 17, 2013, alleging that the instant wound constituted an occupational or stress disease.

C. On January 15, 2014, the Defendant issued a disposition not to grant medical care approval (hereinafter “instant disposition”) on the ground that it is difficult to recognize a proximate causal relation with the instant branch’s work.

[Ground of recognition] Facts without dispute, Gap 1, 3, Eul 1's each entry, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff asserted that the Plaintiff had accumulated occupational or stress due to the lack of human resources from the time of the occurrence of the instant injury after his/her entry until the time of the outbreak of the instant injury. In such a situation, the Plaintiff aggravated the Plaintiff’s health and caused the instant injury.

Therefore, even though the injury or disease of this case was caused by excessive plaintiff's work or stress, the disposition of this case which did not recognize a proximate causal relation with the work of the injury or disease of this case is unlawful.

B. According to the Industrial Accident Compensation Insurance Act, the "occupational accident" refers to the injury, disease, disability or death of an employee caused by an occupational reason, and in order to be recognized as a disaster due to an occupational reason, the accident in question is caused by the occupational reason, and there is a proximate causal relation between the occupational accident and the accident.