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(영문) 서울행정법원 2018.09.14 2018구단51495
요양승인 처분취소
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 Intervenor entered the Plaintiff Company on October 13, 2004, and was employed by the quality assurance team around July 25, 2013 as the Plaintiff’s Busan Branch.

B. On November 28, 2016, the Intervenor was found to have lost consciousness in the place of residence in the Chang-si, Chang-gu, Chang-si, Seoul, and found to have been diagnosed as “cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Spa (hereinafter “the instant injury”). On February 16, 2017, the Intervenor filed a medical care benefit application with the Defendant.

C. Accordingly, on November 6, 2017, the Defendant issued a medical care approval disposition (hereinafter “instant disposition”) to the Intervenor in accordance with the result of deliberation by the Busan Occupational Disease Determination Committee, stating that “The Plaintiff’s work hours during a week prior to the instant injury and disease are equivalent to 70 hours and 7 minutes. The work hours during a four week are averaged 64 hours and 21 minutes a week, and the work hours during a 12 week are close to the chronic passing standards by average 5 hours and 44 minutes a week.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The method by which the plaintiff alleged that the defendant calculated the time of the intervenor's service does not exist objectivity. In fact, the intervenor cannot be deemed to have been in the course of his service, and the intensity of his service was weak, and the same duty was already performed for not less than three years, and thus, the intervenor's service cannot be deemed to have caused the injury and disease of this case.

Rather, the Intervenor did not receive appropriate pharmacologic despite high blood pressure, and smoked one day a day, and there is a high possibility that the instant injury and disease occurred due to the factors belonging to the Intervenor’s private life, such as non-permanent life.

Therefore, the injury and disease of this case is in proximate causal relation to the intervenor's work.

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