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(영문) 인천지방법원 2015.05.12 2014구단486
요양급여 불승인처분 취소
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. On January 13, 2012, the Plaintiff joined the Eastern Industrial Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) that is engaged in the business of manufacturing electronic parts, etc. and was in charge of the development of products and gold-type B at the research institute affiliated therewith.

B. On November 1, 2013, around 21:20, the Plaintiff filed an application for medical care benefits with the Defendant on December 31, 2013, alleging that the instant injury or disease was caused by occupational negligence and stress, and that the instant injury or disease was sent to the 119 Emergency-lane 19 Emergency Medical University Non-Acheon-si Hospital (hereinafter “the instant disaster”).

C. On February 24, 2014, the Defendant rendered a disposition of non-approval for medical care (hereinafter “instant disposition”) on the ground that it is difficult to recognize a proximate causal relation with the instant work branch since it was caused by the natural and transitional aggravation of existing diseases in light of the Plaintiff’s opinion that the instant injury was treated as a high blood pressure, etc., and that the instant injury was caused by high blood pressure, etc., and thus, it constitutes a high blood pressure, etc.

[Ground of recognition] Facts without dispute, Gap 1, 2, 5 through 8, Eul 1's entries, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion had accumulated occupational routes and stress due to the performance of various projects, etc. after his/her membership until the instant accident occurred. In such a situation, the Plaintiff’s health aggravated, thereby resulting in the instant accident.

Therefore, even though the injury or disease of this case was caused by excessive plaintiff's work and stress, the disposition of this case which did not recognize a proximate causal relation with the work of the injury or disease of this case is unlawful.

B. The plaintiff's work in charge and the plaintiff's work.

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