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(영문) 서울행정법원 2016.03.10 2015구단11397

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. From January 20, 2012 to Seongbuk-gu, the Plaintiff was a person in charge of booming, cooking, urban community packing, delivery, etc. at “C points” located in Seongbuk-gu Seoul (hereinafter the instant workplace). On May 30, 2012, at around 22:40, the Plaintiff took place on the job to return to the Republic of Korea after drinking, and was used as a blood fluoral heart, and was broken after receiving a diagnosis of the fluoral cerebral brain damage (hereinafter the instant wound), but at the same time there was an obstacle to the recognition function of Q Q 72 level at present.

B. The Plaintiff filed an application for medical care benefits with the Defendant on January 2, 2014. However, on June 10, 2014, the Defendant rendered a disposition to dismiss the Plaintiff’s application on the grounds that it is difficult to see the Plaintiff as an employee under the Labor Standards Act in light of the personal relationship and work status between the Plaintiff and the business owner, and that the causal relationship between the instant injury and disease is difficult to be recognized (the instant disposition was conducted under the following).

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2 through 6, Eul evidence 1 to 5, the purport of the whole pleadings

2. The legality of the instant disposition

A. It is true that the plaintiff's assertion and the business owner are in a relationship with the plaintiff, but the plaintiff was in a position of workers who provide labor for the purpose of receiving a certain monthly salary, and the city of the neighboring university's opening from three months before the date of the disease of this case led to a large number of urban village orders, and the defendant's disposition of this case dismissed the plaintiff's application for medical care benefits on a different premise, even though it constitutes a chronic excessive work due to changes in the volume, time, strength, responsibility and work environment, which may significantly affect the normal function of brain-cerebrovascular or cardioscularscular, and thus causes a serious physical or mental burden.

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