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(영문) 광주고등법원 2019.09.05 2018누5542

요양불승인처분취소

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court in this case concerning the acceptance of the judgment of the court of first instance is as follows, and the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for further determination as to the matters emphasizing by the plaintiff in this court. Thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence

(Other matters alleged by the Plaintiff in this court are not significantly different from the contents alleged by the Plaintiff in the first instance court, and even if all of the evidence submitted to the first instance court and this court were examined, the judgment of the first instance court that rejected the Plaintiff’s assertion is justifiable). The second half line “ August 3, 2018” is deemed to read “ August 3, 2017.”

2 The 10 line "B No. 2" shall be raised with "B No. 2 and 3."

3. The average of 45 hours a week “(54 hours in the case of Saturdays)” shall be added to the following:

3 The "10 minutes" of the 3rd line shall be raised to "5 minutes".

3. The 3rd 9 line "in advance" shall be dismissed as "immediately before".

6 The following shall be added to the 6th line:

In addition, it is difficult to see that there is a causal relationship immediately where the risk inherent in the work can not be seen as realized because it is involved not only in the work related to the cause of the outbreak and aggravation of the work in modern medicine, but also in the factors belonging to the private life because the risk inherent in the work can not be seen as realized (see, e.g., Supreme Court Decision 2001Du7725, Feb. 5, 2002).

2. Additional determination

A. The plaintiff asserted that the plaintiff works for the non-party company, while imposing a burden on the shoulder. The plaintiff bears an excessive work, such as working more than a certain weekly working hours frequently. According to the "Policy Service Guidelines of the Ministry of Employment and Labor", the plaintiff's work attitude is one day to more than 2 hours but not more than 3 years.