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(영문) 수원지방법원 2021.02.05 2020구단743

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. From June 1, 2015, the Plaintiff is a worker who was in charge of cleaning, etc. at the D Hanwon (hereinafter “Korean Council member”) operated by C Union from June 1, 2015.

B. The Plaintiff worked from the 1st day to the 6th day of Saturdays. On the ordinary day, the Plaintiff cleaned the waterway, toilets, hospitalization rooms, etc. from 07:00 to 12:00 on the ordinary day, and cleaned the stairs, etc. from 13:00 to 15:00 on the ground to 13:00 on the ground of the building, and cleaned the stairs, etc. from 13:0 to 13:00 on the Saturday. The Plaintiff cleaned up from 07:0 to 13:00 on the Saturday.

(c)

On April 25, 2017, at around 09:05, the Plaintiff was under preparation for cleaning work at the Hanwon and was sent to the E hospital and was diagnosed as “cerebrovascular color certificate” (hereinafter “the instant injury and disease”).

(d)

The Plaintiff asserted that the instant injury or disease was caused by excessive stress and stress in the course of cleaning, etc. at the Korea Medical Institute, and applied for medical care benefits to the Defendant on April 17, 2019.

E. As to this, the Defendant did not have a sudden change in the working environment or an increase in the work capacity of the Plaintiff immediately before the occurrence of the instant injury, and even considering the Plaintiff’s work hours prior to the occurrence date, there was a short or chronic fault.

Considering that it is difficult to see it, on July 18, 2019, the Plaintiff rendered a decision not to grant medical care approval (hereinafter “instant disposition”) to the Plaintiff on the grounds that it is difficult to recognize a substantial causal relationship between the Plaintiff’s business branch and the Plaintiff’s business.

F. On July 31, 2019, the Plaintiff, who was dissatisfied with the instant disposition, filed a request for reexamination with the Industrial Accident Compensation Insurance Review Committee on July 31, 2019, but was dismissed on November 27, 2019.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 7, 9, 11 through 16, 19, 22, Eul evidence No. 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful.