요양불승인처분취소
1. Revocation of a judgment of the first instance;
2. On August 14, 2017, the Defendant’s disposition of non-approval of medical care benefits rendered to the Plaintiff.
1. The reasoning for this decision is that the court’s reasoning is the same as the entry of “the process of the disposition” under Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.
2. Whether the instant disposition is lawful
A. At the time of the occurrence of the instant injury and disease, the Plaintiff’s main point of the Plaintiff’s assertion was due to D’s childbirth leave, the head of the accounting and accounting office, leading approximately three months to take charge of not only the new store, but also the accounting and accounting affairs of both locations. As such, there was a significant change in the working environment.
According to these changes, the plaintiff continued to have overwork and stress accumulated as the state of overwork continues.
The plaintiff was an unmarried female under the age of 38 at the time of the outbreak of the injury or disease of this case, and there was no other individual person who had an influence on cerebral blood.
In light of these circumstances, there is a proximate causal relation between overwork, stress, and the injury and disease of this case resulting from the Plaintiff’s excessive performance of duties.
B. The “occupational disease” included in the “occupational accident” under Article 5 subparag. 1 and Article 37 of the Industrial Accident Compensation Insurance Act refers to a disease caused by an employee’s occupational failure during the performance of his/her duties. Therefore, there must be causation between the occupational disease and the disease.
However, the causal relationship does not necessarily have to be proved clearly in medical and natural science, and in light of all the circumstances, if there is a proximate causal relationship between work and disease, it shall be deemed that there is proof, and if there is no direct relationship between work and disease, the main cause of the disease, but at least the overwork or stress overlaps with the main cause of the disease, and causes or worsens the disease, it shall be deemed that there exists a causal relationship between it.
In addition, the basic disease or the existing disease that can work normally at ordinary times is in the middle of duties.