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(영문) 서울행정법원 2014.10.10 2013구단54567

요양불승인처분취소청구

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 2003, the Plaintiff was an employee who had been working as a manager in the Bel in Incheon, and around 22:00 on November 13, 2012, when performing the work of arranging the guest room, the Plaintiff was in an emergency hospital via the 119 emergency room due to parassis and the symptoms of the Gu, and the head of the department diagnosed the “cerebrovassis and cerebrssis and cerebrssis” as “cerebrssis and cerebrssis.”

B. On December 11, 2012, the Plaintiff asserted that his blood transfusion constitutes an occupational accident and filed a claim for medical care benefits with the Defendant.

In this regard, the defendant did not have a stable WIG time but did not have a high intensity of duty, performed the same work as the her mother supervisor for about 10 years, and there is no change in the recent business contents, and thus, a proximate causal relationship between the plaintiff's cerebral blood and the work cannot be acknowledged. On February 22, 2013, the defendant issued a disposition not to grant medical care.

(hereinafter “Disposition of this case”). / [Grounds for recognition / Each entry of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

가. 원고의 주장 원고는 약 10년간 B모텔의 지배인으로 근무하면서 평소 휴무일 없이 매일 출근하여 10:00부터 다음날 04:00까지 18시간씩 장시간 노동을 하면서 B모텔의 고객 응대, 객실 정리, 각종 관리업무, 보일러 등 설비 수리업무를 담당하였으며, 약 5년전부터는 틈틈이 동일 사업주가 운영하는 별도의 사업장인 ‘C’에 가서 보일러 수리와 세탁물 운반 등의 업무를 수행함으로써 만성적으로 과로하였다.

In addition, since approximately one week prior to the outbreak of cerebral blood, customers' resistance continued due to their failure to operate the boiler properly. The boiler repair was so great stressed as the boiler repair was not well performed, and the cerebral blood was generated while performing the duty of arranging the guest room 20:00 while working at the morning on the day of the outbreak and receiving the boiler every day at the morning and performing the duty of arranging the guest room.

The plaintiff is significantly chronic business.