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(영문) 부산지방법원 2015.06.17 2014구단612

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. On February 3, 2003, the Plaintiff entered a company B (hereinafter “foreign company”) and worked as a general manager.

B. On June 28, 2012, the Plaintiff prepared to work in the Seo-gu Busan Building 203, Seo-gu, Busan, but did not move and the consciousness was mixed, and was diagnosed as the 119 Emergency Medical Service University Hospital and sent back to the Busan National University Hospital, and filed an application for medical care benefits with the Defendant.

C. On December 3, 2012, the Defendant rendered the instant disposition rejecting the application for medical care benefits on the ground that it is difficult to view that there was a sudden change in the working environment at the time of the occurrence, occupational error, or stress. In light of the Plaintiff’s treatment under this, it was caused by the natural aggravation of existing diseases, and thus, it is difficult to recognize a proximate causal relationship with the instant upper branch, on the grounds that it is difficult to recognize the instant application for medical care benefits.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was as follows: (a) from September to February of each year, the Plaintiff entered the non-party company and was in charge of unloading and screening ships; (b) the volume verification after completion of the work; and (c) the sales records calculation work; and (d) the management and supervision of repair during the period from March to August.

However, on March 2012, the former director of the non-party company retired from office and took charge of supplying oil and goods necessary for the non-party company's ship under his/her control. Accordingly, there was a sudden change in the business environment. Accordingly, the plaintiff was constantly exposed to stress by preparing new walls so that oil and goods can be supplied smoothly to the ship.

In addition, on March 2012, the plaintiff removes the melting part of the sinking line.