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(영문) 서울행정법원 2016.03.04 2015구단50293

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 May 14, 2013, while the Plaintiff was employed and worked as a daily employee at B Industrial Company, a subcontractor of the Daeyoung Construction Co., Ltd., on June 23, 2013, the Plaintiff was diagnosed as “cerebral blood transfusion, cerebral blood transfusion, and cerebral cerebral cerebral cerebral cerebral cerebral eption” (hereinafter “the instant injury”).

B. On September 3, 2013, the Plaintiff asserted that the instant injury was caused by occupational and stress, and filed an application for medical care with respect to the instant injury and disease. However, on February 3, 2014, the Defendant rejected the application for medical care on the ground that “The instant injury and disease is not verified as to the degree of causing the injury and disease, stress, and the increase in work volume, etc., and thus, there is no proximate causal relation with the pertinent injury and disease.”

C. The Plaintiff appealed and filed a request for review and reexamination, but all of which were dismissed.

[Ground of recognition] Facts without dispute, Gap 1 to 3 evidence, Eul 1 evidence (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff alleged that the plaintiff worked for four consecutive days prior to the occurrence of the disaster, and two days during which the two days during which the plaintiff started work, and the two days during which the plaintiff did not have sufficient meals and break time when the plaintiff was unable to adapt due to severe weathers, and the work was forced to rapidly increase working hours from four days prior to the occurrence of the accident, and the intensity of work was rapidly increased, and the plaintiff's stress was aggravated due to the danger of the crash accident, and the poor working environment. The plaintiff's work performed is basically a duty that may cause physical excess, and the physical burden was increased more.

The Plaintiff was healthy without any existing disease, and the injury of this case was caused by such occupational malpractice and stress.

Therefore, this is applicable.