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(영문) 서울행정법원 2016.07.07 2015구단56208

요양급여부지급처분취소

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 April 16, 2014, the Plaintiff played the role of managing all the tasks, including the management of facilities, such as the business of the luxter of the “Cpenta” located in Seopo-si, Seopo-si, Jeju Special Self-Governing Province, lighting ice, gardening and swimming pool, and customer reception.

B. On December 17, 2014, the Plaintiff: (a) 21:00, while moving to and out of the head, and was used for cardioscopic smoking; (b) was transported to an emergency room of a D hospital; and (c) was diagnosed by macroscopic underspopic, non-spopic anti-spopic spopic, interspopic tension, thrhesion, and mathic spopic surgery; and (d) was under rehabilitation treatment due to the right-hand paralysis and spopic disorder; and (e) was under rehabilitation treatment.

C. On May 8, 2015, the Plaintiff filed an application with the Defendant for medical care benefits on the ground that there was no objective data to verify the working hours of the Plaintiff, and that there was no rapid change in business or excessive change in business (the instant disposition is conducted below).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The Plaintiff asserted that the Plaintiff carried out all duties necessary for the operation of the penta in the “Cpenta” operated by E, and when there remains time, the Plaintiff worked for more than 80 hours per week from F, operated by the parent of E, to work as an employee, etc., and had a rapid weather change on the date of the occurrence of the disaster.

At the time of the occurrence of the instant accident, the Plaintiff was a healthy youth who is merely 30 years of age, and there was no other person suffering from the outbreak of brain ties, the instant accident is physical and mental stress and work due to the excess.