요양불승인처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff is a worker who has worked in the border point of “C” located in Daegu Suwon-gu B (representative D).
On December 21, 2013, the Plaintiff complained of a serious number of brupts at the border point in the upper border around 21:00, and left to the rest room in the same workplace. On the same day, the Plaintiff was found to have been using the brush and transported to the hospital at around 21:20 on the same day, and was diagnosed as “the brain cerebrovascular and the right flaute of the brue (hereinafter “the instant wound”).
The Plaintiff filed an application for medical care benefits with the Defendant around that time.
On March 11, 2014, the Defendant rendered a decision not to approve the said application on the ground that there is no proximate causal relation between the business branch of the instant case and the Plaintiff.
(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence Nos. 1, 2, and 3, Eul evidence Nos. 1, 2, 3, and 6, and the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff asserted that 12 weeks prior to the occurrence of the disaster had served for at least 64 hours in 12 weeks prior to the occurrence of the disaster, and maintained a tension with the customer. To attract customers, the Plaintiff should conduct public relations activities, such as personnel management, etc. for two hours, and there was a burden on sales performance by raising the salary before the occurrence of the disaster.
The Plaintiff’s work performance and sales were more than the average number of other employees in the above-mentioned niversary point. There was time to secure a proper meal time as customer’s response, and non-working hours and recess hours were not fixed.
On the date of the occurrence of the disaster, the customer three teams had completed the selection and examination of the euthanasia, and had been suffering from severe stress in the process.
Since the injury or disease of this case was caused by the above occupational course and stress, there is a proximate causal relation with the duty.
Therefore, the instant disposition should be revoked in an unlawful manner.
(b) an occupational accident under Article 5 (1) of the Industrial Accident Compensation Insurance Act.