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(영문) 서울행정법원 2016.03.28 2015구단59344

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 March 17, 2015, the Plaintiff: (a) was a person who was working for Washington at the Han Bad Co., Ltd. (hereinafter “Nonindicted Company”); (b) suffered serious pain while working for the remaining business on March 17, 2015; (c) was sent to the Tol University’s emergency room via B Hospital under the care of its staff members; and (d) was diagnosed by cerebral malule’s scopic scopic scopic surgery (hereinafter “instant scopic”); and (c) applied for medical care benefits to the Defendant on April 3, 2015.

B. On June 12, 2015, the Defendant issued a disposition not to grant medical care (hereinafter “instant disposition”) to the Plaintiff on the ground that “this case’s injury and disease is confirmed, but there is no rapid change in business environment, and it is difficult to recognize a short and chronic path as a work-related injury and disease” (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 7, and 8, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the disease of this case occurred to the Plaintiff was very healthy to the extent that the Plaintiff was able to go through 10 years a week before the occurrence of the disease of this case. The instant disposition that did not recognize a proximate causal relation between the Plaintiff’s work branch and the Plaintiff’s business was unlawful on the grounds that: (a) the Plaintiff’s work at the non-party company as a singinging company, while working for about 70 hours a week average, etc.; and (b) the instant injury or disease occurred due to the occurrence of the disease of this case or the aggravation of the existing high blood pressure above the natural progress speed; (c)

B. Fact-finding 1) The Plaintiff, including the Plaintiff’s working environment and the details of duties, worked as Washington from April 1, 2009 to several places of business, was on November 14, 201 and served as Washington from November 14, 2014 to the Non-Party Company. The ordinary working hours prior to the outbreak are average 9 hours per day (09:0 to 19:00, 19:00, 200 hours per day, but the Plaintiff.