요양급여부지급처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The court's explanation concerning this case is based on the second-class judgment of the court of first instance.
Inasmuch as the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
2. Article 2-2 of the judgment of the court of first instance concerning the dismissal.
The paragraphs are as follows:
1) The term “occupational accident” as referred to in Article 5 subparag. 1 of the Industrial Accident Compensation Insurance Act means the injury, disease, physical disability, or death of an employee who was caused by the occupational accident during the performance of his/her duties. Therefore, there is a causal relationship between the occupational accident and the occurrence of the accident, and the causal relationship must be attested
Even if overwork or stress in modern medical science can generally cause the outbreak or aggravation of a disease, it is difficult to conceal the causal relationship in cases where not only the cause of the outbreak or aggravation but also the factors belonging to the private sector are involved in the business, and it cannot be seen that the risks inherent in the business have been realized.
(2) In light of the above legal principles, the Plaintiff’s work hours are 62.10 hours per week prior to the occurrence of the instant injury, approximately 10.35 hours per day average of 10.35 hours per work day (=62.10 hours per week) (see, e.g., Supreme Court Decisions 2001Du7725, Feb. 5, 2002; 2001Du7725, Feb. 5, 2002).
However, Gap evidence 8, 9, 11, 12, Gap evidence 10-1, 2, Eul evidence 1-4, and the court of first instance.