요양불승인처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. A. Around May 11, 2015, the Plaintiff joined B Co., Ltd. and was in charge of the credit relay business. On October 14, 2015, the Plaintiff: (a) was used while working in the said company’s office, and was diagnosed as “pacter-propating transfusion by the softed Macromothm Maculty (hereinafter “instant injury”) and applied for medical care benefits to the Defendant on May 16, 2016.
B. However, on October 4, 2016, the Defendant rendered a disposition to grant medical care non-approval (hereinafter “instant disposition”) to the Plaintiff according to the Seoul Occupational Disease Determination Committee that “the proximate causal relationship between the instant branch and the Plaintiff’s business is not recognized” (hereinafter “instant disposition”).
C. The Plaintiff appealed and filed a petition for review to the Industrial Accident Compensation Insurance Reexamination Committee, but was dismissed on March 6, 2017.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 6, 8 (including additional numbers), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that the Plaintiff suffered physical burden due to frequent customer contact, etc. due to the characteristics of the bond brokerage business. While leaving his/her job to B corporation, the Plaintiff was extremely serious stressed due to high-quality performance achievement achievement.
Therefore, even though the injury and disease in this case occurred rapidly due to the plaintiff's excessive work and mental stress, it is unlawful for the instant disposition based on a different premise.
B. Determination 1 of the Industrial Accident Compensation Insurance Act refers to a disease caused by an occupational accident under the Industrial Accident Compensation Insurance Act during the performance of duties, and there is a causal relationship between the occupational and the disease. The causal relationship must be proved by the party asserting it, and even if it is not necessarily necessary to prove clearly medical and natural science.