요양불승인처분취소
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On August 25, 2012, the Plaintiff retired on August 31, 2013 after becoming a non-party Sungsung Construction Co., Ltd. (hereinafter “non-party company”) and retired on August 31, 2013, but returned on November 20, 2013, and provided accommodation in containers within the B office, and was on duty. On February 7, 2014, the Plaintiff was diagnosed on his/her own chest and left chests, and was diagnosed on the 04:30, the Plaintiff filed an application for medical care benefits with the Defendant.
B. On May 13, 2014, the Defendant: (a) deemed that there was no proximate causal relation between the instant injury branch and the instant injury branch as the Plaintiff’s overwork or stress was not verified; and (b) issued a disposition not to approve the said application (hereinafter “instant disposition”).
C. The Plaintiff dissatisfied with the instant disposition and filed a request for reexamination, but the Industrial Accident Compensation Insurance Reexamination Committee dismissed it on November 6, 2014.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 8 and 9, the purport of the whole pleadings
2. The legality of the instant disposition
A. The Plaintiff’s assertion 1) The Plaintiff’s assertion is based on BP (the disadvantaged of Batch Plant, hereinafter “plant”) which is a production facility of ready-mixed in Yong-do weather.
A) At least 12 hours a day on average for installation and repair, the injury and disease in this case came to fall under the injury and disease in this case. Accordingly, there is a proximate causal relation between the injury and disease in this case’s work, and the instant disposition taken on different premise is unlawful. 2) The Defendant’s assertion that the Plaintiff was mainly in charge of the repair and repair of the plant in the B place of business, and did not work after sunset, it cannot be deemed that the Plaintiff was in charge of the occupational work, and a proximate causal relation between the injury and disease in this case cannot be acknowledged.
B. The "occupational accident" under the Industrial Accident Compensation Insurance Act is an employee's injury, disease, disability or injury caused by occupational reason.