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(영문) 부산지방법원 2015.08.12 2014구단1868

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 23, 2013, the Plaintiff, a worker of C operated by B, was used for the production of a Hand-day at an outside workplace, and was diagnosed by the “cerebral cerebrovascular” at the Yangsan Busan National University Hospital (hereinafter “the instant injury and disease”), and applied for medical care benefits to the Defendant on January 23, 2014.

B. Accordingly, on March 24, 2014, the Defendant rendered the instant disposition that rejected the application for medical care benefits on the ground that “the proximate causal relation between the Plaintiff’s work branch and the upper branch of the instant case is not recognized.”

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion has accumulated physical and mental skins by working not less than 60 hours a week including 30 minutes of work preparation in the bad working environment.

As such, with excessive stress accumulated, the disease of this case occurred at the wind of the plaintiff to perform the work that was raised for more than 10 hours at an external workplace where the plaintiff does not have any heating in the field of Young-do. Even if there was an existing disease, such as urology, etc., even if the plaintiff had been suffering from the disease of this case, the disease of this case is aggravated due to the aggravation of the existing disease as a result of the negative impact of the chronic and poor working environment as above.

Therefore, even if there is a proximate causal relation between the Plaintiff’s work and the injury and disease of this case, the Defendant’s disposition that was otherwise viewed unlawful.

B. 1) On September 30, 201, the Plaintiff entered the Plaintiff on September 30, 201 and carried out the work of cutting and cutting the pipe in writing by the date of the outbreak of the instant injury.

B. The Plaintiff worked from 08:00 to 20:00 for monthly, chemical, gold day, from 08:0 to 20:00 for demand, from 08:0 to 17:00 for Saturdays, from 08:0 to 16:00 for Saturdays, and from 08:0 to 16:00 for Sundays, and Sundays was on duty.