산재요양불승인처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On October 11, 2010, A was enrolled in the Dispute Resolution Co., Ltd. (hereinafter “Nonindicted Company”) and was in charge of the inspection and packing of the accessories for pipeline construction works. On December 21, 2012, A was in charge of the inspection and packing of the accessories for pipe construction. On December 21, 2012, A was transferred to the Gyeongbuk-gu Hospital and was diagnosed by the cerebrovascis and the cardioscise-si (hereinafter “the instant injury”).
B. On January 7, 2013, A applied for medical care benefits for the instant injury and disease to the Defendant, but the Defendant rendered a disposition not to grant medical care on March 21, 2013 on the ground that there is no proximate causal relation with the instant injury and disease (hereinafter “instant disposition”).
C. A died on December 29, 2013, which was after the instant lawsuit was filed, and the Plaintiff, his spouse, took over the litigation procedures.
【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 6, Eul Nos. 1 and 16, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. After entering the non-party company, the Plaintiff’s assertion A (hereinafter “the deceased”) committed an excessive extension of work by putting the head of the non-party company into the production worker and repeating the work of piling up the product. After the factory relocation, the work of working environment was inappropriate due to exposure to noise, dust, and harmful chemical substances (defluence). In order to prevent the occurrence of misfluence of employment, the disease of this case occurred in the process of performing work with mental burden to prevent the occurrence of misfluence of employment and misfluence.
Therefore, since the injury or disease of this case was caused by occupational negligence and stress, it constitutes occupational disease, and thus, the instant disposition is unlawful.
B. In order to be recognized as an occupational accident under the Industrial Accident Compensation Insurance Act, there should be a proximate causal relationship between the work and the accident, as well as the work performance, in order to be recognized as an occupational accident under the Industrial Accident Compensation Insurance Act, and in this case, the causal relationship between the work