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(영문) 서울행정법원 2017.06.27 2015구단57577

요양불승인처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

On March 1, 2014, the Plaintiff became the head of a private teaching institute on March 1, 2014.

On July 24, 2014, for the preparation for the attendance at the new wall, the Plaintiff was unable to use the writing with a knife’s knife’s hand. However, on the other hand, at around 07:50, at around 15:00 after working at the Central University Hospital, the Plaintiff was diagnosed as “brain color” (hereinafter “the instant injury and disease”), and applied for the first medical care benefit to the Defendant on September 4, 2014.

On November 25, 2014, the Defendant rendered a disposition not to grant medical care (hereinafter “instant disposition”) to the Plaintiff on the ground that the causal relationship between the instant branch and the instant branch cannot be recognized.

On November 20, 2014, the Plaintiff dissatisfied with the instant disposition and filed a request for examination with the Defendant on November 20, 2014, but was dismissed on January 15, 2015. On March 4, 2015, the Plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Review Committee, but was dismissed on April 23, 2015.

【In the absence of dispute, Gap evidence Nos. 1, Eul evidence Nos. 1, 5, and 6, and the purport of the entire pleadings, the plaintiff’s assertion as to the legitimacy of the disposition of this case was caused by occupational fault and stress.

Therefore, the instant disposition taken on a different premise is unlawful.

Judgment

1. The term "occupational accident" in the Industrial Accident Compensation Insurance Act means an injury, disease, physical disability, or death of a worker who is caused by his/her duties while performing his/her duties. Therefore, there should be causation between his/her duties and the disaster, and the method and degree of proof should be proved by direct evidence. The method and degree of proof must not be clearly proved by direct evidence, but must be clearly proved by medical and natural science at the time of employment on the basis of the health and physical conditions of the worker concerned, the existence of existing diseases, the nature of his/her duties and the working environment, the same kind of work for another worker who