요양연기불승인처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. (i) On October 11, 2014, the Plaintiff was employed as a company Pream Safety Industry Co., Ltd. on and around December 2, 2014, and was serving as a security guard in Suwon-gu Suwon-si apartment B apartment on and around December 2, 2014.
From around 22:10 on December 2, 2014, the Plaintiff performed the snow clinic work using calcium in the above apartment from around 22:10 on December 3, 2014, and went to the hospital by 119 emergency medical services teams because the Plaintiff, who was entering the above apartment guard room on December 3, 2014, went to the hospital by the 119 emergency medical services teams, and thereafter, the Plaintiff diagnosed the “the brain-related disease, the other specified brain-related diseases, and the other areas whose age is unknown,” and applied for medical care benefits under the Industrial Accident Compensation Insurance Act.
B. On April 16, 2015, the Defendant rendered a disposition not to grant medical care (hereinafter “instant disposition”) to the Plaintiff on the ground that “the proximate causal relation between the work and the injury or disease claimed in the application cannot be recognized.”
Article 22(1) of the Civil Procedure Act provides that the Plaintiff shall file a petition for review on November 13, 2015, and the petition for review was finally dismissed.
[Judgment of the court below] The ground for recognition is without merit, Gap's 1, 2, Gap's 9, and the ground for appeal
2. (i) The occupational accident under the Industrial Accident Compensation Insurance Act refers to an accident caused by the worker’s performance of his/her duties, and thus there is a causal relationship between the business and the disaster. Even if the existing disease is not directly related to the business, if it becomes worse or becomes worse due to an accident, etc. which occurred in connection with the business, if it is deemed that there exists a causal relationship between the business and the aggravated part is deemed to exist, and if the aggravated part is not even before the aggravation or aggravation, and the symptoms are fixed without being restored to the state before the aggravation, the business can be treated as an occupational accident until the symptoms are fixed, and the causal relationship is asserted.