beta
(영문) 서울행정법원 2018.05.24 2017구단68489

요양급여 등 부지급 처분 취소

Text

1. On February 2, 2017, the Defendant’s disposition of non-approval of medical care benefits rendered to the Plaintiff is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On May 4, 2016, when the Plaintiff worked as the technical team leader at B Co., Ltd. on May 4, 2016, the Plaintiff was used in Company B’s toilet and was transferred to the hospital, and was diagnosed as “Secho-dong, Symnasium successful heart suspension, Hemical anti-cerebrovascularosis, and Tymosis (hereinafter “the instant injury”). On September 12, 2016, the Plaintiff filed an application for medical care benefits and temporary layoff benefits with the Defendant.

B. On February 2, 2017, the Defendant rendered a disposition to grant the Plaintiff a non-approval of the Plaintiff’s application for medical care benefits (hereinafter “the instant disposition”) on the ground that it appears that it was difficult to acknowledge a proximate causal relationship with the Plaintiff on the ground that the Plaintiff’s occupational burden was not confirmed to the extent that it caused the instant injury in light of the Plaintiff’s duty, and that it was deemed that the instant injury was caused by the natural progress of the existing individual disease, and that it was difficult to acknowledge a proximate causal relationship with the duty.

C. The Plaintiff, who was dissatisfied with the instant disposition, filed a petition for review with the Industrial Accident Compensation Insurance Reexamination Committee, but was dismissed.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 2 through 6, 11, and 14, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The Plaintiff asserted that the Plaintiff was in a cumulative state of serious physical illness and mental stress due to the field trip, core night work, etc. for performing duties rapidly increased, such as the extension work of the Eunpyeong Distribution Center, the work for recovery from the disability of the Ansan Distribution Center, and the extension work of the Geumcheon Distribution Center, etc., for one week immediately before the occurrence of the instant injury. The Plaintiff was going to work without a proper rest on the date of the instant injury, and was preparing for a meeting scheduled at 10 hours after going to work without a proper rest. Thus, the instant injury and disease were in the instant case.