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(영문) 서울행정법원 2020.10.15 2019구단62751

요양급여부지급처분취소

Text

On August 30, 2018, the defendant's refusal to grant medical treatment to the plaintiff on August 30, 2018 due to 'maloptymosis'.

Reasons

1. Details of the disposition;

A. On July 6, 2017, when the Plaintiff was employed by a foreigner of Chinese nationality in the ship B (hereinafter “instant place of business”), he/she was diagnosed by the cerebral cerebral cerebral typhism in detail, not accompanied by the cerebral typhism by the dystrophism of the atomic beer, the cerebral typhism, the dysical typhism, the dystrophism, and the dysmic typhism in detail. (hereinafter “the instant place of business”).

B. On April 17, 2018, the Plaintiff applied for medical care benefits for each of the instant injury and disease to the Defendant. However, on August 30, 2018, the Defendant, based on the following circumstances, on the ground that “each of the instant injury and disease is not acknowledged as a causal link with the Plaintiff’s work” (hereinafter “instant disposition”). As a result of the investigation of the business environment and form of work, it is confirmed that the Plaintiff had worked for 32 hours and 30 minutes per week prior to the occurrence, average 52 hours per week per week prior to the occurrence, and average 52 hours per week per week during 12 weeks prior to the occurrence, and average 52 hours per week during 12 weeks prior to the occurrence.

The Plaintiff’s total working hours prior to the occurrence of each of the instant diseases are deemed to be low in relation to his duties, taking into account the following: (a) there is no sudden and difficult incident to cause cardio-cerebrovascular diseases; (b) there is no change in work environment; (c) it is difficult to deem that the investigated working hours, including waiting time to turn off the position after the operation of the hacks; (d) it is difficult to deem that there was an excessive occupational stress factor; and (e) it is difficult to deem that there is an excessive short-term course or chronic fault; and (e) it is difficult to deem that there is an increase in work burden that may affect the occurrence of the injury.

C. The Plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but filed a request for reexamination on March 18, 2019.