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(영문) 수원지방법원 2019.05.22 2018구단863
산재불승인처분취소
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. From March 13, 2017, the Plaintiff served as a child care teacher at C Child Care Center (hereinafter “instant place of business”) located in G in the Sungsung City (hereinafter “instant place of business”).

On July 9, 2017, at the church around 11:00, which is Sundays, the Plaintiff was used as a sexual member at the church, and was diagnosed as “cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Sp

B. On November 1, 2017, the Plaintiff filed an application for medical care benefits with respect to the instant injury and disease. However, on December 11, 2017, the Defendant issued the first medical care non-approval (hereinafter “instant disposition”) on the ground that “the applicant’s injury and disease is determined to have resulted from natural aggravation due to the personal factors of the existing disease rather than occupational routes and stress, and it is difficult to recognize a proximate causal relation with the work of the applicant injury and disease.”

[Basis] Facts without dispute, Gap evidence 1, 2, 4, 10, 12, Eul evidence 1-1, 2, 2-2, 3, 4-1, 2, 5, and 6-1, 2, 5, and 6-1, 2-2, 3, and 4-1, 5-2, 5, and 6-2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) entered the instant workplace with a computer work, in particular, X-cell work, and worked early from April 24, 2017 to prepare for the assessment of the Korea Infant Care Center. After leaving the workplace, the Plaintiff entered the childcare center using G, text message, and telephone, and then asked two paid-in persons to enter the childcare center in several shorts. Even after leaving the workplace, the Plaintiff did not suffer from stress on July 8, 2017, by using the X-cell program. On July 8, 2017, the day on which the instant injury occurred, the Plaintiff was suffering from stress on July 21, 2017, by taking care work using the 09:06-6-11:28, 13:38-21:52 X-ray program, and by taking care work into consideration around 21:58, 21:58.

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