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(영문) 광주지방법원 2021.03.12 2018가단509494

요양비지급청구

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The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On March 3, 1991, the Plaintiff was appointed as a teacher of the C High School located in Ansan-si, a member of the Seoul High School from around 201 to around 201, and the Defendant is a juristic person established pursuant to the Pension for Private School Teachers and Staff Act (hereinafter “Private School Pension Act”) and performed the duties of managing pensions under the Private School Pension Act.

B. On April 28, 2017, the Plaintiff: (a) completed a business trip in the same article with the club teacher, and went back to the school; (b) was unable to recover from the Plaintiff’s self-harm difficulty and the chest’s chest; (c) was transported to a nearby D hospital because of the cardiopulmonary resuscitation of the school teacher; and (d) was diagnosed by the “satisfying of the heart success in the artificial insemination” and the “satisfy and Cho Dong-dong,” along with the diagnosis of the said hospital’s “satisfying of the death of the artificial insemination” and “satisfying of the blood transfusion (hereinafter “the instant injury and disease”).

2) On August 7, 2017, the Plaintiff was transferred to E hospital, and was under rehabilitation treatment on November 14, 2017. On November 14, 2017, the Plaintiff was diagnosed as “(ju), mathy, (f), low oxygen brain damage, (f), (f), (f), (f), (f), (f), (f), (f), (f), (f), (f), (f), (f), (f), (f), (f), (f), (f), and (f), (f), (f), (f), and (f), (f).”

(c)

(1) On November 20, 2017, the Plaintiff asserted that the instant injury and disease was an official accident and filed an application for approval of medical care in accordance with the Private School Pension Act with the Defendant.

2) On December 11, 2017, the Defendant rendered a decision to reject the said application for the reason that it is difficult to recognize the medical causal relationship between the superior branch and the duty, rather than that the instant injury and disease was caused by the occupational excess, by the natural lapse of time under personal physical conditions.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 4, 18, and 19, and the purport of the whole pleadings.