요양급여신청불승인처분 취소청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. From January 2, 2014, while working as the general affairs department for Ansan viewing and working as a street cleaners belonging to the Ministry of Health and Welfare on June 15, 2018, the Plaintiff was diagnosed as “satisfying of heart failure, damage to infertility brain damage, satisfy, and heart dong (hereinafter “the instant injury”). The Plaintiff applied for medical care benefits to the Defendant on July 10, 2018.
B. On August 20, 2018, the Defendant rendered a decision not to grant medical care (hereinafter “instant disposition”) to the Plaintiff on the ground that “it is difficult to recognize a proximate causal relationship between the Plaintiff’s work and the instant injury and disease, considering the following: (a) there is no sudden and difficult case or sudden change in work volume and work environment to the extent that the Plaintiff caused cardio-cerebrovascular diseases in the duties performed by the Plaintiff; (b) there is no objective basis for short-term, chronic, etc.; and (c) it is difficult to find that the investigated work hours are excessive to the extent that the instant injury and disease were caused.”
C. The Plaintiff dissatisfied with the request for reexamination to the Industrial Accident Compensation Insurance Reexamination Committee, but the said Committee dismissed the request for reexamination on January 25, 2019.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was difficult for the Plaintiff to start his/her business with a new wall without an invasion, and to take an appropriate rest during his/her business hours. The area of the Plaintiff’s jurisdiction was a tourist destination and the intensity of his/her business increased by running on the leave season, and was subject to considerable stress due to the patrol of the head of the team in charge, civil petition filing, etc.
In addition, it has been repeatedly and directly exposed to fine dust and exhaust gas in the course of performing duties on the side of the new wall time, and it is difficult to evaluate the intensity of duties due to the fact that the work was conducted in a place other than the area in charge.