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(영문) 서울행정법원 2014.08.13 2013구단16947

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 December 8, 2012, the Plaintiff, who was engaged in the business of delivering newspapers and collecting gold in the central line B (hereinafter “instant place of business”), was discovered in China’s restaurant “C”, which is a newspaper delivery office, and was sent back to the hospital, and was diagnosed as “cerebral cerebrovascular (hereinafter “instant disease”).

B. The Plaintiff filed an application with the Defendant for medical care benefits for the instant injury and disease, but on April 11, 2013, the Defendant rejected the instant injury and disease (hereinafter “instant disposition”) on the ground that there was no proximate causal relation with the pertinent injury and disease.

[Ground of recognition] Unsatisfy, Gap 1 to 4, 9

2. Whether the instant disposition is lawful

A. The instant injury and disease occurred due to the Plaintiff’s excessive working hours between 13 and 30 minutes per day, the lack of regulations due to the characteristics of the business, and the outdoor performance of the area of the water surface, which is short of the number of hours per day, the instant disposition taken on a different premise is unlawful.

B. (1) On August 1, 2008, the Plaintiff entered the instant workplace on August 1, 2008, including the details and details of the work.

At around 21:00 on Sundays, the Plaintiff worked at the office accommodation, and performed the following duties, and worked in the form of a house at around 11:00 on Saturdays:

ordinary daily work - Delivery of newspaper delivery - 01:30 to 06:00, processing 11:00 to 12:00 (the delivery of newspaper without delivery) (the delivery of newspaper to a place where it is not delivered), collection from 15:30 to 18:00, and self-management. Saturdays work - Delivery of newspaper delivery from 01:30 to 06:00, and temperature from the end of each month to the end of the following month to the end of the following month on December 15, 2012, the average - 4.5 x.5 x, minimum -6.4 x.4 x, and average -8.2 x -11 x on December 8, 2012.

(2) Medical treatment details, such as the Plaintiff’s ordinary health conditions (the details of health insurance medical care benefits), including the details of the Plaintiff’s health care (the details of health insurance) / February 24, 2009 / February 26, 2009 / February 27, 2009 / July 30, 2011 / July 30, 2011.