beta
(영문) 광주고등법원 2019.05.30 2018누6606

요양불승인처분취소

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Details of disposition;

A. On September 3, 2012, the Plaintiff entered a corporation B (hereinafter “Nonindicted Company”) and carried out the service of screening and packing the two-waves. On January 16, 2017, the Plaintiff completed the work and received diagnosis of brain cerebrovascular and cerebrovascular surgery (hereinafter “the instant injury”) after being transmitted to a medical institution due to the occurrence of a 19:30 disorder at his own home, which occurred, around 19:30, in which he/she arrived at his/her home.

B. The Plaintiff filed a claim with the Defendant for medical care benefits on April 27, 2017 that the instant injury or disease occurred due to an occupational accident, but the Defendant rendered the disposition of medical care benefits payment approval (hereinafter “instant disposition”) according to the judgment of the Gwangju Occupational Disease Determination Committee (hereinafter “instant injury or disease”).

C. On May 22, 2017, the Plaintiff filed a request for examination with the Industrial Accident Compensation Insurance Deliberation Committee, but the Industrial Accident Compensation Insurance Deliberation Committee dismissed the request on the same ground on August 23, 2017.

[Reasons for Recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 and 4 through 6, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff asserted that the non-party company had worked for about four years and four months a week at the non-party company and could not take a proper rest. In particular, the 12 weeks prior to the occurrence of the injury and disease of this case had an excessive duty, such as working for an average of 50 hours and 25 minutes a week, and the workplace of the non-party company was exposed to the situation where the non-party company was exposed to the situation where the heating was not properly done.

In light of the above work hours and work environment, there is a proximate causal relation between the Plaintiff’s work and the instant injury and the occurrence of the injury and disease. Thus, the instant injury and disease constitute occupational accidents.

Therefore, the instant disposition should be revoked in an unlawful manner on the contrary premise.

(b) fact-finding 1 working conditions - Membership dates: on September 3, 2012, the non-party company membership - The job in charge shall be selected and packed on a two-wave basis.