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(영문) 대구지방법원 2016.12.09 2016구단1481
요양불승인처분취소
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 August 30, 2007, the Plaintiff worked as a school meal cook at B elementary school from August 30, 2007, and on April 20, 2012, the Plaintiff was sent back to a medical institution after first aid (hereinafter “instant accident”) due to smelling, while smelling and cleaning the floor of the washing specifications in a locking room according to the cook’s instructions at the school meal room (hereinafter “instant accident”).

B. Since then, on March 11, 2015, the Plaintiff: (a) caused adaptation disorder, external stress disorder, which was diagnosed as a result of a mental diagnosis and treatment (hereinafter “instant injury”); and (b) on April 20, 2012, the Plaintiff filed an application for medical care benefits with the Defendant on September 24, 2015.

C. Accordingly, the Defendant rendered the instant disposition to grant medical care approval on January 19, 2016, according to the Seoul Occupational Disease Determination Committee that “it is difficult to recognize the applicant’s disease as an occupational-related injury because it is determined that the occurrence of the applicant’s disease is directly related to the case by his/her duty, and there is insufficient grounds to recognize that the occurrence of the applicant’s disease is not directly related to the case by his/her duty, and that it is difficult to recognize the applicant’s disease as an occupational-related injury,” based on the result of the determination of the Seoul Occupational Disease Determination Committee.

On May 26, 2016, the Plaintiff appealed and filed a re-examination, but the Plaintiff was dismissed.

[Judgment of the court below] The ground for recognition is without merit, Gap's 1 and Eul's 11, and the ground for appeal

2. Whether the disposition is lawful;

A. Since the injury and disease of this case occurred while continuously receiving treatment after the Plaintiff’s assertion, there is a proximate causal relation between the injury and the work of this case.

B. The facts of recognition ① In the event of the instant accident to the Defendant, the Plaintiff filed an application for medical care benefits on May 11, 2012, and subsequently filed an administrative litigation, and withdrawn the lawsuit. The two copies, i.e., the injury and disease was unknown on April 14, 2015.

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