미지급보험급여부지급처분취소
1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.
2. After filing an appeal.
1. The reasoning of the judgment by the court in this part is as stated in the corresponding part of the judgment of the court of first instance, in addition to the part resulting from the addition or dismissal below, and thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
The 2nd 10th 10th 10th 2th 10th 2th 10th 2th 10th 2th 2th 2th 3th 3th 2
At the bottom of the judgment of the first instance (hereinafter referred to as the “instant disposition”) 7 acts (hereinafter referred to as the “second disposition”) shall be subject to “each disposition of this case”, and the first and second dispositions shall be referred to as “each disposition of this case.”
2. Whether each of the dispositions of this case is legitimate
A. The Plaintiff’s assertion was subject to stress on the maintenance of employment relationship on the ground that the employer was changed every year.
The Deceased was on the duty of night duty for 24 hours at the time of the outbreak of the injury or disease of this case and was on duty under the direction of the new employer to enter the workplace in response thereto while failing to take a proper rest.
However, at the time, stress was aggravated at the time of leaving the decision of re-contract between the new employer and the new employer in front of the nose.
The stress caused a sudden traffic accident and stress rapidly increased.
As such, the injury and disease of this case is rapidly aggravated due to mental disorder and heavy stress related to work.
Nevertheless, the first disposition that did not recognize a proximate causal relation with the business of the trade branch of this case is unlawful, and the second disposition that was based on the premise that the first disposition is lawful is also illegal.
B. The occupational accident under the Industrial Accident Compensation Insurance Act refers to a disease caused by the worker’s occupational performance while performing his/her duties. As such, there is a causal relationship between the occupational and the disease caused by death, and there is no direct relation with the performance of his/her duties.