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(영문) 서울행정법원 2017.11.30 2017구단60966

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. On October 9, 2016, the Plaintiff entered a company B (hereinafter “B”) and worked as a quality controller on May 13, 2013, and filed an application for medical care benefits with the Defendant on November 9, 2016, after receiving a diagnosis of “cerebrovassis, steering disorder, paralysis, care disorder, and in detail unknown islands,” following the diagnosis of thropical disorder (hereinafter “the disease of this case”). < Amended by Presidential Decree No. 27420, Nov. 9, 2016>

B. On February 20, 2017, the Defendant rendered a decision on non-approval (hereinafter “instant disposition”) based on the result of the determination by the Minor Disease Determination Committee that the instant injury and disease does not constitute an occupational disease as a result of the recognition of proximate causal relation with the Plaintiff.

[Ground of recognition] Facts without dispute, Gap 1, 5, 7, 9 (including paper numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that there was no special health problem except that he/she was relatively young at the age of 42 and 5 at the time of the outbreak of the injury and disease of this case. The plaintiff worked as quality controller at various civil construction sites in addition to B, he/she seems to have experienced overwork and stress. The plaintiff, who is in exclusive charge of the quality control duties to be performed by 3 persons under the law, carried out the excessive duties, and experienced considerable overwork and stress in the process. Due to the characteristics of the work site and laboratory, 3 hours a day of daily work to prepare documents in addition to the regular work hours at the construction site and laboratory, and even on holidays, he/she has to perform quality control duties, such as materials inspection, supervision team, material supply center, and trial work.