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(영문) 부산지방법원 2015.06.10 2015구단20026
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. The Plaintiff had changed the name of B on January 1, 2004 to C, but there was no change in the business owner.

(2) On July 30, 201, the head of the division, who became a member of the company in charge of software development (hereinafter “instant company”), was found to have been used in a toilet in the sports massage room of the commercial building located at the bottom of Busan, 528-8, from July 30, 201, and was diagnosed as having been transferred to Busan National University Hospital (hereinafter “the instant injury and disease”).

B. On July 7, 2014, the Plaintiff filed an application with the Defendant for medical care benefits on the ground that the instant injury was an occupational accident. However, the Defendant cannot be deemed to have overwork or stress meeting the criteria for recognition of occupational career or stress on November 6, 2014, and thus, rendered a decision not to approve the Plaintiff’s application for medical care benefits on the ground that the Plaintiff’s work relationship is low between the instant injury branch and the Plaintiff’s work relationship (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3, 5, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. From 7 weeks to 4 weeks prior to the Plaintiff’s assertion, the Plaintiff worked at the workplace on an average of 57 hours a week and worked for a maximum of 61 hours a week even though he had performed a shoulder operation. From 4 weeks prior to the occurrence of the instant injury, the relationship between four weeks to the outbreak of the instant injury and five days prior to the outbreak of the instant injury, resulting in an increase in daily working hours and working volume, rather than the one-day relationship with the implementation of the five-day system. From May 1, 2010, the head of the division promoted from May 1, 201, and received stress as a major working person in charge of various small-scale projects as a research and development team, and the Plaintiff did not have any medical history related to the instant injury and disease prior to the outbreak of the instant injury, the instant injury and disease were caused by physical, mental, and stress.

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