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(영문) 서울행정법원 2016.07.01 2014구단54267
요양불승인처분취소
Text

1. On November 25, 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. On January 26, 2013, the Plaintiff, as an employee of KCC Information and Communications Co., Ltd. (hereinafter referred to as “Non-Party Company”), was discharged from the Korea Railroad Corporation on night duty and went away from office on January 26, 2013, and was diagnosed as “cerebral Theym fever, spawnosis, and satchosis” (hereinafter referred to as “the instant injury”). On September 4, 2013, the Plaintiff claimed an occupational accident and filed an application for medical care benefits with the Defendant.

B. On November 25, 2013, the Defendant: (a) deemed that the Plaintiff’s astronomical chronsome was naturally affected; and (b) deemed that it did not recognize overwork or stress, and rendered a disposition not to approve the said application (hereinafter the instant disposition).

C. The Plaintiff filed a petition for review against the instant disposition, but was dismissed on March 28, 2014.

[Ground of recognition] Facts without dispute, Gap 1, 2, purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion carried out any other work that cannot be tensiond at all times, carried out night duty in this frame consecutively, and became the injury and disease of this case as the blood pressure has risen rapidly by sea weather.

Therefore, there is a proximate causal relation between the business branch of this case.

The disposition of this case, which was made on a different premise, is unlawful.

B. Facts 1) The Plaintiff’s contents of duties and the developments leading up to the occurrence of the instant injury were performing “C services” of KRW 20 billion from the Korea Railroad Corporation from the first half of 2009. However, on March 2, 2012, the Plaintiff was affiliated with the non-party company and served as an operator of the electronic computer system in B from the Korea Railroad Corporation on March 2, 2012. The Korea Railroad Corporation is important to the extent that external access is strictly controlled, and if there is a problem in the railroad computer system, the entire railroad affairs may be finished, and the system should be managed by the operating personnel upon examining several monitors of 24 hours. The Plaintiff shall work for two consecutive days (0:00 to 18:00) and night work for two consecutive days (18:0 to the following day).

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