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(영문) 수원지방법원 2016.04.29 2015구단33282
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 January 1, 2012, the Plaintiff: (a) received the date from any regional self-support center located in five (5) o-ro; (b) on October 16, 2012, the Plaintiff filed an application for medical care benefits with the Defendant on December 30, 2014, asserting that the instant accident, where the suspension away from the floor was faced with head on the hand handbro, which was caused by the instant accident (hereinafter referred to as the “accident”), following the cleaning of gold sand toilets elementary school, around 15:00; and (c) the Plaintiff filed an application for medical care benefits with the Defendant on December 30, 2014.

B. On August 24, 2015, the Defendant rendered the instant disposition that denied medical care to the Plaintiff on the ground that it is difficult to view it as the outbreak or aggravation of work caused by the pertinent injury, and that cerebral fever did not have a transplant for medical treatment, and that it is difficult to find a proximate causal relation because of the symptoms, not the disease, because of the symptoms.

[Reasons for Recognition] Evidence No. 1-1 and No. 2-2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. On January 2, 2012, the transfer of the instant accident, the Plaintiff: (a) performed the cleaning of the first floor toilet in the 6th floor building located in the 6th floor in the Silung-si, Silung-si on January 2, 2012; (b) caused a serious fluoral and fluorial fluor; and (c) caused an accident where the Plaintiff was faced with the head while cleaning the toilet even around December 4, 2012, after the instant accident; and (d) the Plaintiff, including the instant accident, caused the thale and fluoral fluoral fluorial.

On the other hand, the above accidents caused severe stress and these stress became one of the causes of adaptation disorder.

Nevertheless, the disposition of this case which rejected the medical care for the injury and disease of this case by the plaintiff is unlawful.

B. The term "occupational accident" under Article 5 subparagraph 1 of the Industrial Accident Compensation Insurance Act means an accident resulting from the worker's work while performing his/her duties.

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