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(영문) 서울행정법원 2017.09.20 2016구단59235

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. The Plaintiff is a person who served as the director of the B Team in SK Co., Ltd.

B. On February 20, 2015, the Plaintiff was used in the vicinity of his home, which was during the period of the snow ties of the Gu administration, and applied for medical care to the Defendant upon the diagnosis of the “outstanding-to-out and cerebrovascular blood” (hereinafter collectively referred to as the “instant injury”).

C. On June 17, 2016, the Defendant rendered a decision of rejection of religion (hereinafter “the instant disposition”) against the Plaintiff on the ground that “the instant wound shall not be recognized as an occupational disease, because it is difficult to acknowledge a proximate causal relation with the instant wound since it is judged that the work content prior to the occurrence of the wound is excessive route, stress, etc., and it is medically and medically, and it is determined as an injury from credit. As the cerebrovascular during the instant wound is determined as an injury from the instant wound, it is difficult to recognize a proximate causal relation with the work since it is determined as an occupational disease, it is difficult to recognize a proximate causal relation with the work of the Plaintiff.”

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion was due to excessive work and stress, which led to the occurrence of cerebral blood from the instant injury, and accordingly, the Plaintiff faced with head on the floor while leaving the mind. As a result, the Plaintiff was suffering from the instant injury, which led to the occurrence of thirrosis from the external injury.

Therefore, the instant disposition that did not recognize a proximate causal relationship between the trade branch of this case is unlawful.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. The term "occupational accident" under the Industrial Accident Compensation Insurance Act refers to the worker's injury, disease, disability or death resulting from his/her occupational performance while performing his/her duties, and therefore there is a causal relationship between his/her duties and the disaster.