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(영문) 대구지방법원 2015.04.24 2014구단10443

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 23, 2012, the Plaintiff worked at the construction site B (hereinafter “instant site”) performed in Hanyang-si Co., Ltd. as a daily worker belonging to the Cheonglim Co., Ltd. (hereinafter “instant site”).

B. Around 17:00 on November 30, 2013, the Plaintiff completed the instant work at the instant site and retired therefrom, and was used for Gutone at 20:00 on the same day on the same day. On December 1, 2013, the Plaintiff was diagnosed as “ brain-resistant resistant transfusion” (hereinafter “the instant injury”), and received the two astronomical and the blood transfusion, and then filed an application for medical care benefits with the Defendant on December 31, 2013.

C. Accordingly, on February 26, 2014, the Defendant rendered a disposition not to grant medical care (hereinafter “instant disposition”) on the ground that the instant injury and disease was judged to be worse due to the natural progress of the existing disease and the proximate causal relation between the Plaintiff’s work and the injury and disease was not recognized.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 3 (including paper numbers), Eul Nos. 1 and 8, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the Plaintiff worked for the wood table at the instant site, while working for the wood table from 05:50 to 05:50 each day, left the site with other fee, and had been doing more faithfully than other members at the site.

In particular, on October 2013, 30.5 and on November 2013, 2013, 10 hours and 20 minutes or 11, and 20 minutes or 11 hours and 20 minutes of work each day, respectively, were in excess of mental stress due to the accumulation of psychological stress due to the occurrence of a sudden pressure. Thus, the above injury or disease must be approved due to occupational accidents.

B. From June 23, 2012, the Plaintiff served as an official gazette at the instant site from June 23, 2012, and working hours.