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(영문) 서울행정법원 2015.10.20 2014구단55758

요양불승인처분취소

Text

1. On November 11, 2013, the Defendant revoked the disposition of non-approval for medical care granted to the Plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. The Plaintiff was an employee belonging to the Plaintiff Company B (hereinafter Nonparty Company), and was found to have no consciousness at home around November 16, 201, when there was no consciousness at home around 11:30 of November 201.

B. On December 30, 201, the Plaintiff received the diagnosis of “cerebrovascular blood (in the left part) and cerebrovascular blood (in the instant injury and disease),” and applied for medical care benefits to the Defendant.

C. On February 21, 2012, the Defendant rendered a disposition rejecting the said application on the ground that there is no proximate causal relation between the instant shopping branch and the instant shopping branch as the Plaintiff’s overwork and stress are insufficient (hereinafter the instant disposition).

[Ground of recognition] Facts without dispute, Gap 4, 5, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion that the Plaintiff appeared frequently, sent to the workplace, and worked on Sundays on November 6, 201 and on November 13, 201, when the instant injury and disease occurred. On November 15, 2011, the day before the instant injury and disease occurred, the Plaintiff’s inventory quantity partially failed to meet the business owner’s inventory quantity, and returned to the extreme interest rate at night.

Therefore, the instant injury or disease occurred due to the Plaintiff’s overwork or stress, and the instant disposition taken on a different premise should be revoked as it is unlawful.

(b) as shown in the attached Form of the relevant statutes.

C. The facts of recognition 1) The duty of duties and duty of the non-party company are the wholesale and retail business of automobile parts. The non-party company is one president, one accounting officer, and six goods delivery officers other than the plaintiff. On June 1, 2009, the plaintiff entered the non-party company as the chief of the general management officer on the part of the non-party company and was in charge of all other duties (such as purchase and sale orders, materials management, delivery instructions, hand-on management, and telephone services with the counter-party, etc.) prior to the date of the occurrence of the injury and disease in this case. The non-party company was in the structure where the plaintiff did not perform his duties.

The plaintiff's fixed sense.