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(영문) 대전지방법원 2017.09.21 2015구단443

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 September 16, 1998, the Plaintiff joined a stock company B (hereinafter “instant place of business”) and has been engaged in production management duties, etc. until he/she retires on February 6, 2013.

B. On June 24, 2014, the Plaintiff filed a claim for medical care benefits with the Defendant, alleging that there was a U.S. E. E. B. E. B. U.S. E. U.S. E.P. E. (hereinafter “instant injury”).

C. On November 18, 2014, the Defendant rendered a disposition not to grant medical care (hereinafter “instant disposition”) to the Plaintiff on the ground that “The Committee on Determination of Occupational Diseases finds it difficult to recognize the business relationship because it is difficult to deem the Plaintiff to have been exposed to an unexpected stress, etc. to the extent that it might cause the instant injury, and thus, it does not have a proximate causal relation between the duties and the instant injury and the instant injury and disease.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In February 201, the Plaintiff’s assertion that he did not appear in the Plaintiff’s company demanded early attendance at the Plaintiff, and the company silented the Plaintiff’s demand for continuous transition placement. As such, the Plaintiff’s occurrence of depression was or aggravated due to extreme occupational stress, there is a proximate causal relation with the Plaintiff’s work.

(b) as shown in the attached Form of the relevant statutes;

C. Under the Industrial Accident Compensation Insurance Act, the term “occupational accident” refers to an employee’s injury, disease, disability or death resulting from an occupational reason, and in order to be recognized as a disaster due to an occupational reason, the pertinent accident is caused by the occupational accident, and there is a proximate causal relation between the occupational accident and the occupational accident. In this case, the causal relation between the worker’s accident and the occupational accident is claimed