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(영문) 서울행정법원 2017.08.17 2016구단35161

요양급여승인처분 취소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff is a business owner who operates a bath (hereinafter referred to as the “instant place of business”) with the trade name “C” on the first floor of the building on the ground of Gangdong-gu Seoul Metropolitan Government Ground B.

D (D, E, and under the following, a disasterr) who is an overseas Korean of the Chinese shipbuilding yard, has been employed from January 14, 2016 at the instant workplace and has been in charge of the repair, cleaning, cleaning, etc.

On June 21, 2016, a disaster-related person was found to have been used in the underground boiler room of the instant workplace on June 21, 2016, and was diagnosed with cerebrovascular blood (hereinafter “the following”) within the school in the 119 first-time emergency vehicle hospital.

A disaster victim filed an application for medical care benefits with the Defendant against the injury or disease of this case.

On October 17, 2016, the Seoul Occupational Disease Determination Committee: “The injury and disease in this case was confirmed, and there was no sudden or sudden change in business environment within 24 hours prior to the outbreak, and the working hours within one week prior to the outbreak were investigated at 70 hours. It was confirmed that the occupational burden has been continuously conducted for not less than three months prior to the outbreak, and the average working hours per week during 4 weeks prior to the outbreak exceed 65 hours per week average working hours and 65 hours per week during 12 weeks prior to the outbreak (4 hours a week, 64 hours a week, 12 weeks a week a week an average of 65 hours per week, and 60 hours per week a week a week from the outbreak. A majority opinion argues that there was a proximate causal relation with the injury and disease in this case, which was determined to be the occupational disease in accordance with Article 37(1)2 of the Industrial Accident Compensation Insurance Act, and that the Defendant notified the Plaintiff of the insurance benefits in this case’s medical treatment.”

[Ground of recognition] A.