요양불승인처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. From April 1, 2008, the Plaintiff is a person who has performed the duties of health care at the health center of B Residential Self-Governing Committee in Ansan-si (hereinafter “instant health center”).
B. On April 10, 2013, the Plaintiff was diagnosed as “pathoculatory culpprophosome (hereinafter “instant injury and disease”), and applied for the first medical care benefit to the Defendant. However, on January 16, 2014, the Defendant rendered a non-approval of the Plaintiff’s application on the ground that the Plaintiff did not constitute a worker, and that the causal link between the Plaintiff’s work branch of the instant injury and the Plaintiff’s work is not recognized (hereinafter “instant disposition”).
C. On May 30, 2014, the Plaintiff filed an application for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, and the said Committee dismissed the Plaintiff’s application for reexamination on the grounds that, despite being recognized as the Plaintiff’s employee on May 30, 2014, the Plaintiff could not be recognized as having physical or mental parts of the Plaintiff’s business to affect the normal function of the brain-dead
【Ground of recognition】 The fact that there has been no dispute, entry of Gap evidence 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. On February 2012, the Plaintiff asserted that male workers, who worked together with the Plaintiff, retired from office, entrusted all of the instant health care duties to the Plaintiff, and carried out physical tasks, and suffered considerable mental stress in the process of countering the members of 150 persons.
Therefore, since the injury and disease of this case occurred due to excessive work and stress of the plaintiff, the defendant's disposition of this case which rejected the plaintiff's application is unlawful even though it constitutes occupational accident.
B. (i) The Plaintiff started to work as a volunteer from April 1, 2008, which was operated in accordance with the Ordinance on the Establishment and Operation of the Residents' Self-Governing Center in Bocheon-si.
Shebls, the opening and closing of the health room, etc.