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(영문) 전주지방법원 2016.11.23 2015구단1373

요양불승인처분취소

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On August 8, 2014, the Plaintiff was diagnosed as a daily employed worker (dive worker) of the C’s roof repair work from 06:00 to 2, 2014, and was diagnosed as a type 1 (e.g., a type of 1) (e., a type of e.g., a Type of 1 (e., a part of the disease in this case), i.g., e., e., an unidentified e., e., e., e., the end of 10:30 to 10, and the body’s force e.g., the end of 10:30 to 200.

B. On March 26, 2015, the Plaintiff filed an application for medical care benefits with respect to the instant injury and disease. However, the Defendant rendered the instant disposition on the ground that, in light of the fact that: (a) the instant injury and disease was confirmed on March 26, 2015; (b) the occurrence of a sudden and difficult incident related to duties or a sudden change in business environment within 24 hours prior to the occurrence; (c) there was symptoms from 07:00 on the date of the occurrence; (d) 54 hours a week prior to the occurrence; (d) the average working hours of 4 weeks prior to the occurrence; (e) 64 hours a week average working hours between 43 and 51 hours prior to the occurrence; and (e) 60 hours a week average of 4 hours prior to the occurrence of the instant injury and 12 weeks prior to the occurrence of the occurrence of the injury and disease, there were no objectively confirmed causal link between the work and the injury and injury were not acknowledged (hereinafter “instant disposition”).

C. Although the Plaintiff filed a request for review on the instant disposition, the Plaintiff was dismissed on June 23, 2015, and the request for review was also dismissed on September 4, 2015.

[Reasons for Recognition] Unsatisfy, entry of Gap 1 and 6 evidence, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff alleged that there was no low-quality disease, such as high blood pressure, but at the time of the occurrence of the instant injury, the plaintiff was on the roof of a local bar board 1m above the 11m ground without an increase in the 30.3°C at the time of the outbreak of the instant injury.