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orange_flag(영문) 서울행정법원 2013. 4. 25. 선고 2012구단16919 판결

[요양불승인처분취소][미간행]

Plaintiff

Plaintiff (Law Firm citizen, Attorneys Kim Ba-soo, Counsel for plaintiff-appellant)

Defendant

Korea Labor Welfare Corporation

Conclusion of Pleadings

March 28, 2013

Text

1. The plaintiff's claim is dismissed.

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

Purport of claim

The Defendant’s disposition of refusal to grant medical care to the Plaintiff on August 16, 2011 is revoked.

Reasons

1. Details of the disposition;

A. On March 11, 201, while working for the Korea Rural Community Corporation's Net Mine Concession Branch, the Plaintiff lost consciousness at a lodging room, and was diagnosed by MRI as a result of MRI photographing (hereinafter "the instant injury and disease"), and asserted that the instant injury and disease occurred due to occupational malpractice and stress, and filed an application for medical care benefits with the Defendant on July 6, 201.

B. On August 16, 201, the Defendant rendered a disposition of non-approval of the Plaintiff’s application for medical care benefits (hereinafter “instant disposition”) on the ground that “The instant injury was determined to have been caused by the natural aggravation of existing diseases, such as urology and high blood pressure, and there is no proximate causal relation with the Plaintiff’s work” (hereinafter “instant disposition”).

C. Although the Plaintiff filed a request for examination against the Defendant, the Plaintiff was dismissed on January 6, 2012 by the Defendant, and again filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee on January 10, 2012, but the request for reexamination was also dismissed on May 10, 2012.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1-3 evidence (including virtual number; hereinafter the same shall apply), the purport of whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion

In March 9, 2011, the Plaintiff caused the instant injury and disease due to occupational malpractice and stress, such as a rapid increase in the business trip hours for early achievement of the target amount of farmland banking business in 201, cooperation in police investigation due to embezzlement of farmland purchase funds by farmers in the jurisdiction, construction of new office buildings, etc., due to over-the-job and stress on March 9, 201, when he/she performed an excessive work, such as the over-the-job and abruence caused by an over-the-job and stress. However, the instant injury and disease should be recognized as an occupational accident, but otherwise, the instant disposition was unlawful.

(b) Fact of recognition;

1) Details, etc. of the Plaintiff

On December 26, 1989, the Plaintiff joined the Korea Rural Community Corporation as a class-5 employee and served as the head of the farmland bank team (Grade II) affiliated with the said Corporation from January 1, 2008 through the promotion several times, and was in charge of overall affairs, financial affairs, and farmland business management of the farmland bank team. On March 201, 201, the Plaintiff mainly performed farmland bank business, litigation business, and construction of office buildings. Meanwhile, the Plaintiff left the farmland bank team at the time of regular personnel management in 201, and there was no change in business and working environment.

○ The farmland bank team is a department with the temporal characteristics of duties to attract farmland pension projects, business workout support projects, long-term farmland lease projects, etc. for farmers at least four months prior to the beginning of the farming period, and the team members are 13 persons in total.

○ From January 1, 2008, the Plaintiff worked for the net mining concession branch, and resided away from his family and company’s family at the accommodation of the net city (location omitted). From around 2011, the Plaintiff lived with the head of the regional development team (Nonindicted 1 and Nonparty 2).

○ The net mining concession balance for the Plaintiff’s work was 16th among the 18 branches belonging to the Namnam Headquarters of the Agricultural and Fishing Villages Corporation in 2010, and the achievement rate was 19.6% compared to the objectives of the farmland banking project in 2011 (based on March 10, 201).

From January 201, the Plaintiff, along with the staff in charge, visited the relevant agency and the farming field within the jurisdiction of the relevant agency, where he/she takes up a business trip of up to 1-3 times a week on the day (within 40 km) or a business trip of up to 40 km a week to promote business workout support projects and farmland banking projects.

○ In addition, with respect to the suspicion of embezzlement of farmland purchase funds by farmers within the workplace of the Plaintiff, the police investigation by the employees belonging to the workplace was conducted in around 2010, and the Plaintiff was present at the investigative agency to undergo an investigation, and the investigation was completed by the Plaintiff’s employees at the workplace of the workplace of the Plaintiff on February 2011.

2) Plaintiff’s working hours, etc.

○ The Plaintiff worked for five days a week from the Triday to the Friday, and Saturdays and Sundays were closed, and the prescribed working hours were from 09:00 to 18:00.

With respect to the average working hours of ○○, the Plaintiff asserted that it is 12.54 hours a day average to 62.2 hours a week average to 12.54 hours and 62.2 hours a week, but there was no objective evidence that the Plaintiff separately worked overtime or holiday in addition to working hours. On the other hand, according to the contents of the statement by the paid-in employee, the Plaintiff’s extended working hours were less than average 2 hours a day average to 5-6 hours a week average to 5-6 hours a week, and the head of the team has performed duties by adjusting the contents

With regard to the use of the security security system of the net mining concession balancer, it is impossible to confirm the details of individual access because all employees of the company are armed and terminated using the same security card without being armed or terminated by each employee's personal resignation or security card.

3) Working records, etc. for the seven-day period prior to the occurrence of the disaster.

○ March 4, 2011 (gold): A business trip on the same day.

○ On March 5, 2011 (Land), March 6, 2011: Holiday

○ on March 7, 2011: Normal service.

○ On March 8, 2011: A business trip on the day.

○○ on March 9, 2011: The case where farmers, who were under a lease contract with the rural construction and fishing village construction, concluded the lease contract, has rapidly increased in 201 and, in particular, on March 8, 2011, five cases between the two is terminated on March 9, 201, the Plaintiff was the head of the non-party 6, a person in charge of the farmland business wave on March 9, 201, and the Plaintiff sent the Plaintiff, “ how to manage the substitute lease contract, so how to increase the termination of the contract?” Accordingly, the non-party 6’s head of the non-party 6 got unps of mind due to the need to support the management of the substitute lease, and worked on holidays. It was called “The termination of the contract takes place too far after the end of each day, and it was so sound to the non-party 6 and the head of the non-party 6.

○○ on March 10, 2011: The Plaintiff appeared to work in normal work but caused inorganic symptoms, such as lack of difficulty with the symptoms, etc., which led to sick leave, and entered a accommodations after receiving outpatient treatment from the New Hospital.

○○ On March 11, 2011: The head of the regional development team, who resides in the same accommodation as the Plaintiff, found the Plaintiff, who was killed in the accommodation on March 11, 201, around 06:50, and transferred the Plaintiff to a hospital through the 119 rescue team.

4) Plaintiff’s health status, etc.

○ On October 9, 2003, the Plaintiff received a diagnosis of high-tension on the part of the Gelime Hospital on one occasion, and did not receive any specific treatment. Since the diagnosis of urology at the Felim clinic on December 22, 2007, the Plaintiff continued to receive urology treatment at the Dlime clinic.

On September 29, 2008, the health examination of the Seongdong University: high blood level. It is necessary to conduct accurate diagnosis and treatment in order to prevent mergers caused by urology. At the heart level, tephical urology and external side walls may be observed in the heart and high blood pressure or heart disease. In short, it is necessary to improve living habits, and it is necessary to improve the life habits, and it is necessary to take into account impruptive medicine uniforms, etc., given that inter-regional simple and local communities may arise by drinking, non-smoking, drugs, etc., and that it is necessary to improve the life habits of the State. Non-nurbs according to the guidelines attached thereto, because it is the cause of various adult diseases, such as high blood pressure, urology, blood cycle disorder, etc., which falls under high blood pressure in the future. Since it is possible to develop high blood pressure with high blood pressure in the future, it is necessary to improve the life pressure of the State, such as anti-smoking and anti-smoking movement.

On September 14, 2009, the health examination of the Sungnam University: 284mg/dl (the normal range of less than 100) per Gongdl (the normal range of less than 100), and the numerical value of 10.6(the normal range of 4.1-6.5, the long-term blood relative) is very high. urine disease is strongly doubtful, and consultation with doctors for medical treatment is very doubtful, and it is necessary to undergo consultation with doctors for medical treatment. Radlter 253(the normal range of less than 200). Since LDLcolter 182(the normal range of less than 130) is high, it is necessary to improve the risk of cardiopulmonary disease, such as food and Rule-free exercise, physical control, etc., depending on the circumstances. This is necessary to observe and improve drug pressure, and it is necessary to make it necessary to observe and improve the procedure of non-dratical pressure and non-dral pressure.

On October 29, 2010, the health examination of the Sungnam Hospital at the Korea Forest University: high 172mg/dlll value per public uniforms. Observation of scopic pressure on the face of the heart. Observation of blood pressure is high. In light of the changes in the dynamic scopic personality, the overall overall dynamics are observed from the ecopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic

5) Medical opinions, etc.

A) Statement of the original opinion in Dlimination

- From December 11, 2009, patients who are receiving treatment of cathogenosis from this hospital due to the catral hemal hemal hemal hemal hemal surgery at this hospital and continuously provide good care.

B) Major doctor’s opinion (Seoul Asan Hospital);

-one of the tests of the right-side hydroelectric intensity is measured, the left-hand side shows the pedestrian disability and the oral disability makes it difficult to take the mouths. Correspondingly, and it is impossible to communicate and thus it is necessary to assist others in most areas of daily life.

C) Statement of advisory opinion on the Defendant’s original disposition body

- Absently performed ordinary work without rapid change in work environment or work contents, and there was stress caused by a verbal dispute between the sub-employee and his work two days prior to the accident, but it is difficult to view it as a factor to cause brain ties, and it is difficult to view it as a factor to the extent of inducing brain ties, and it is deemed that brain ties occurred in a lodging house which is not in the process of performing work, and thus, medical causal relationship with the work of the applicant branch is imminent.

D) Results of the Decision of the Gwangju Occupational Disease Determination Committee

- On December 26, 1989, the Plaintiff’s team leader of the farmland bank team that entered the above workplace and performed the general affairs, financial affairs, and farmland business affairs as the team leader of the farmland bank team before the outbreak date, and the fact that the Plaintiff mainly performed the farmland bank projects, litigation affairs, and new construction of office buildings. With respect to the past work on the development date of the outbreak date, there is no objective evidence to prove that there was a conflict between the subordinate employee and the subordinate employee with respect to the past work on the development date of the outbreak date, and the assertion as to whether there was any excess, there is insufficient objective evidence to prove it. As a result of the inquiry into the results of the health insurance progress, the history of high blood pressure, urology, past urology, and the medical causal relationship between the pertinent branch office’s work and the applicant branch is rare. As a result of the review of the Plaintiff’s duty, work period, opinion of the competent department of medical records, opinion of advisory opinion, opinion of advisory opinion, etc., there is no proximate causal relation between the

E) Defendant’s advisory opinion

○ advisory doctor 1: The increase in work capacity objectively and clearly before the outbreak or the rapid change in the work environment is not recognized, and the person who had been suffering from high blood pressure and urology due to existing diseases. Accordingly, there is no proximate causal relation to the Plaintiff, which had been showing a large number of brain-related risk factors prior to the outbreak, to be caused by cumulative occupational work paths and stress prior to the outbreak of such brain-related diseases. Rather, it is judged that there is a self-explosion by various intrinsic elements, such as high blood pressure, urology, middle-year age, and physical fluids inherent in the existing area.

○○ advisory doctor 2: (a) the Plaintiff asserted that there was an fruit prior to the outbreak of cerebral tension on March 11, 2011; (b) however, there was a dispute with his subordinate staff. However, solely on the basis of this fact, it is not recognized as an obvious occupational course or occupational stress to the extent that may cause cerebral tension. Moreover, the change in the business form is not confirmed. Therefore, the Plaintiff’s cerebral chron was determined to have been caused by the natural aggravation of her low-income disease (urology, high blood pressure, etc.) and it is difficult to recognize the causal relationship with his/her duties.

F) Non-party 7 of the occupational and environmental department at the Altol University Seoul Escar Hospital

- The Plaintiff’s working hours prior to the occurrence of a disaster worked for at least 10 hours a day to 50 minutes, average 12.8 hours a day, average 62.2 hours a week average, and average 62.2 hours a week. The Plaintiff’s work on the basis of the working hours falls under chronic heavy work, and this degree of work can serve as risk factors of cerebrovascular diseases. If the weekly working hours exceed 46-60 hours, the rate of outbreak of cerebrscular diseases becomes meaningful.

G) Nunghee University Hospital Hospital and professor Nonparty 8

- The cause of the outbreak of cerebrovascular is due to the closure of cerebrovascular. The reason for the closure of cerebrovascular is diverse. In the case of the plaintiff, the co-operation is observed with cerebrovascular and the cardiopulmonary dynamics are observed. In such a case, there are two or more different causes, so that it is impossible to determine the cause as to whether or not it has been made in accordance with the general classification law.

- The criteria for recognition of overwork are as follows: First, the occurrence of stress in a sudden change of work environment must be within 24 hours immediately before the occurrence of a cardio-cerebrovascular disease; second, the working hours per week immediately before the occurrence of a cardio-cerebrovascular disease in the event of a serious occupational burden for a short period means a case where the working hours per day exceeds 60 hours per week immediately before the occurrence of a cardio-cerebrscular disease; third, a case where the working hours per month immediately preceding three months exceed 209 hours per month. If the Plaintiff worked for a long period of 62.2 hours per week average from January 201 to the date of the occurrence of the instant accident, it can be deemed that the occurrence of cerebrscular or the occurrence of natural disasters and the aggravation of working hours beyond the natural speed.

【Grounds for Recognition】 4-23 Evidence Nos. 4-23, 1 and 2, part of the witness Nonparty 5’s testimony, the result of the court’s entrustment of the record of medical examination to the head of the Gann University Hospital at this court, the result of the inquiry into the head of the Gan University Seoul Gan University and the purport of the entire pleadings

C. Determination

1) The term "occupational accident" under the Industrial Accident Compensation Insurance Act means an employee's injury, disease, disability, or death caused by an occupational reason. In order to be recognized as an occupational accident, the accident in question is caused by the occupational accident, and there is a proximate causal relation between the work and the accident. In this case, the causal relation between the worker's accident and the accident should be proved by the claimant. The existence of a proximate causal relation between the work and the accident should be determined on the basis of the worker's health and the physical condition, not the average person. Further, the degree of proof of causal relation should not be clearly proved in medical and natural science, but it can be proved even if there is a proximate causal relation between the work and the accident, considering all circumstances. However, since it is difficult to say that excess or stress can be caused by the outbreak or aggravation of the disease, it is not always related to the work, but it is difficult to see that there is a proximate causal relation between the work and the accident in question and the accident in question (see, e.g., Supreme Court Decision 2002Du7525).

2) In light of such legal principles, although there is a little degree of fruit and stress due to the Plaintiff’s frequent business trips, it is difficult to view that there is a proximate causal relation between the Plaintiff’s business branch of this case and the Plaintiff’s business in full view of the same circumstances acknowledged as seen earlier. Accordingly, the Plaintiff’s assertion is without merit.

In light of the nature, content, and form of work, etc. of the Plaintiff’s duties, the Plaintiff was capable of self-control and performance as the team leader, and there was no change in the work site at the beginning of each year. Therefore, it is difficult to deem that there was a sudden change in the work environment prior to the occurrence of the disaster or that

With respect to the average working hours of ○○, the Plaintiff asserted that the average working hours of 12.54 hours per day and 62.2 hours per week are the average working hours of 12.54 hours per day, but there was no accurate confirmation of the time to commute to and from work, and there is no objective evidence that the Plaintiff has performed overtime or holiday work as above in addition to working hours. Therefore, it is difficult to adopt a medical opinion that is premised on excess working hours and holiday work

As the Plaintiff had performed the duties of the team leader for not less than 3 years, it is deemed that it was possible to adapt to the duties and perform duties without difficulties, and it does not seem that it continued to have been particularly excessive duties beyond the ordinary hours and details of duties as the team leader.

○ The Plaintiff had existing diseases, such as catheric and high blood pressure, and satisceal batosis, known as risk factors of cerebral chronological outbreak. Although the Plaintiff had risk factors, he/she could have been neglected to manage health, such as food control and physical adjustment, even though he/she had been capable of being able to do so.

○○ High blood pressure, ururology, etc. are one of the important risk factors of the outbreak of brain emerculation, and there is a high possibility of the outbreak of brain emerculation due to its natural progress. Therefore, it is reasonable to deem that the instant wound was naturally occurring without physical or mental stress, etc.

3. Conclusion

Thus, the plaintiff's claim of this case is dismissed as it is without merit.

Judges Kim Jong-soo