logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2018.04.25 2015구단51715
요양승인처분 취소 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Details of the disposition;

A. The Plaintiff is a company that manufactures and sells various parts of internal combustion engines, and the intervenor is a production worker of the Plaintiff company.

B. On April 2014, the Intervenor filed an application for medical care benefits for the instant injury and disease with respect to the instant injury and disease, even if the instant injury and disease occurred due to stress arising during the course of performing his/her duties (hereinafter “instant injury and disease”).

C. On November 24, 2014, the Defendant issued a disposition to approve medical care in accordance with the result of the deliberation by the Committee on Determination of Occupational Diseases (hereinafter “instant disposition”), with respect to the Intervenor’s age, physical conditions, reasons for filing an application for medical care benefits, career, working environment, working period and working hours, past soldiers’ records, medical records, records of medical records, and the statement of the Intervenor and the Plaintiff, etc.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 9, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The summary of the Plaintiff’s assertion did not provide the Intervenor with mental stress in relation to his/her duties.

Plaintiff

It is due to unreasonable demand and illegal industrial action by the labor union to which the intervenor belongs.

In addition, the injury and disease of this case were caused by the violent nature, alcohol abuse, and speculative gambling disorder of the intervenor's personal inclination.

Therefore, there is no proximate causal relation with the business of the instant injury branch, and therefore, the medical treatment of the instant injury and disease is approved.

arrow