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(영문) 대전지방법원 2017.06.15 2015구단924

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 November 12, 2014, the Plaintiff: (a) performed the business of washing raw materials in the place of the new arrangement of the Korea Call Marina Co., Ltd. from March 2015; and (b) from March 2015, in the place of the joint arrangement of the said company.

B. On July 22, 2015, the Plaintiff was diagnosed as having lost consciousness during the work at around 15:00 on July 22, 2015 (hereinafter “instant accident”), which was diagnosed as a cerebral cerebral cerebral cerebral cerebral typhism and cerebral typhism (hereinafter “instant injury”), and applied for medical care to the Defendant on July 27, 2015.

C. On October 1, 2015, the Defendant rendered a disposition not to grant medical care (hereinafter “instant disposition”) to the Plaintiff on the ground that the symptoms of the applicant complained for the medical treatment do not coincide with the general progress of the applicant for sexual cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebr., and that there is no verification of occupational urgency, chronic dys and stress

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion of this case’s injury constitutes occupational accidents, where a chronic heavy business due to a change in the working environment, etc. has occurred due to the Plaintiff’s occurrence of a physical and mental burden that could significantly affect the Plaintiff’s normal function of brain-cerebrovascular or cardio-cerebrovascular.

B. Determination 1 of the Industrial Accident Compensation Insurance Act refers to a disease caused by an occupational accident under the Industrial Accident Compensation Insurance Act during the performance of duties, and there is a causal relationship between the occupational and the disease. The causal relationship must be proved by the party asserting it, and even if it is not necessarily necessary to prove clearly medical and natural science.