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(영문) 서울행정법원 2020.09.22 2019구단67817

요양불승인처분취소

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The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On January 29, 2018, when the Plaintiff (1959) was employed by, from around November 1, 2016, the medical care center located in Ansan-si (hereinafter “the medical care center of this case”) and worked as, a caregiver, the Plaintiff (1959) was transferred to the hospital due to the loss of consciousness at the home of 02:30 on January 29, 2018, and was diagnosed as “cerebral typhism and cerebral cerebral typhism by cerebral malk fever” (hereinafter “the instant medical care center”).

On March 26, 2019, the Plaintiff applied for medical care for the instant injury and disease to the Defendant.

B. On July 11, 2019, the Defendant confirmed that “the Plaintiff, while taking full charge of eight women’s nursing services at the instant medical care center, was performing the instant work to provide four women’s nursing services together with one female guardian, and the instant injury and disease also is confirmed. However, the occurrence of a sudden and difficult event or a sudden change in the work environment related to the Plaintiff’s symptoms within 24 hours prior to the occurrence of symptoms, has not been verified, and the volume or time of the work within one week prior to the occurrence is not increased by at least 30 percent per week on average between the Plaintiff and 12 weeks prior to the occurrence of the outbreak (excluding one week prior to the outbreak of illness) or the number of hours prior to the outbreak, the number of hours prior to the outbreak is examined, and the average number of hours prior to the occurrence of the instant work and the number of hours prior to the outbreak is not recognized to be difficult to adapt, and the average number of hours prior to the occurrence of the instant work and the number of hours prior to the outbreak is not recognized to exceed 125 hours per week or more than 12 per week.