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(영문) 서울행정법원 2016.07.15 2015구단2386

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 December 11, 2013, the Plaintiff served as a daily employed worker belonging to Japan Construction Co., Ltd. (hereinafter “Non-Party Company”), and filed an application for medical care benefits under the Industrial Accident Compensation Insurance Act with the Defendant on May 15, 2014 for “cerebrovascular, brain substance blood, and cerebrovascular (hereinafter “the instant injury”).

B. On July 17, 2014, the Defendant rendered a disposition not to approve the above application (hereinafter the instant disposition) according to the result of deliberation by the Committee for Determination of Minor Diseases, for which proximate causal relation is not recognized between the business of the instant superior branch.

C. The Plaintiff dissatisfied with the instant disposition and filed a request for examination and reexamination, but was dismissed on October 14, 2014 and January 22, 2015, respectively.

[Ground of recognition] Facts without dispute, Gap 7 through 9, Eul 1, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion is that the plaintiff works in a astronomical sloping photo area.

From December 2013, 2013, the disease of this case was in the state of overwork with heavy injuries and stress at all times. From the disease of this case, the average temperature was exposed to the superficial exposure on December 11, 2013, and the disease of this case was in the state of overwork for ten days. In particular, on December 11, 2013, the disease of this case was caused by the disease of this case.

Therefore, there is a proximate causal relationship between the business branch of this case.

B. Fact 1) On November 15, 2013, the Plaintiff joined the non-party company as a construction-day worker and worked for the block of the Song Jong 2,000 Maintenance Corporation until the instant injury or disease occurred.

This is a simple work of piling cement block from a ceiling, and a block which has a large weight is work through a mortar.

B) The Plaintiff’s form of work is weekly work, and working hours are 07:40 to 17:00, and recess hours are 12:00 to 13:00, and the Plaintiff’s average working hours per day are 8:20 minutes and 20 minutes. C) The instant injury and disease occurred after the Plaintiff entered the non-party company.