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(영문) 서울행정법원 2015.04.16 2014구단55154

요양급여부지급처분취소

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. From November 20, 2001, the Plaintiff had been in charge of cleaning the subway 3 lines B under the management of the Veterans Association, and has continued to clean the same cleaning under the Clim Engineering Co., Ltd. from June 1, 2012.

B. On August 4, 2012, the Plaintiff began to show a eromatic fluorial fluorial fluorial fluorial fluorial fluorial fluorals, such as protruding, and around 10:0 on August 17, 2012, the Plaintiff was diagnosed as “the instant emeral fluoral fluoral fluoral fluoral fluoralsium (hereinafter “the instant emeral fluoral fluorial fluoral fluorial fluoral fluorial fluoral fluorial flus

C. Accordingly, on September 26, 2012, the Plaintiff asserted that the instant injury and disease occurred due to occupational fault and stress, such as engaging in Weighting Synovas Day work on September 26, 2012, which constitutes occupational accident, and the Defendant filed an application for medical care benefits with the Defendant, but the Defendant did not approve it on November 28, 2012.

On January 16, 2014, the Plaintiff filed an application again with the Defendant for medical care benefits for the same injury and cause. On January 21, 2014, the Defendant rendered a disposition of non-approval of the application for payment of medical care benefits (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff did not discover any occupational course and stress following the recent increase of the workload or rapid change in the business environment, and there is no relevance with the Plaintiff’s work as an individual’s disease.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 9, 11 through 16, and the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion is the difference between high temperature and low temperature, and the Plaintiff has been suffering from excessive stress, such as engaging in Weighting work at the high temperature before and after the diagnosis date of the instant injury.

Therefore, the injury or disease of this case directly caused the plaintiff's excessive work and stress, or at least overwork and stress are added.