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(영문) 서울행정법원 2016.04.28 2014구단9809
요양불승인처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

The Plaintiff is an employee in charge of cleaning employed by B during the period from July 1, 2010 to January 21, 2013.

On January 21, 2013, around 15:25, the Plaintiff was diagnosed by the Gangseo-gu Seoul Metropolitan Government Committee for the purpose of cleaning toilets in the Gangseo-gu Seoul Metropolitan City, as follows: “The Plaintiff was diagnosed as the instant injury and disease in combination with all the instant four injury and disease.”

On April 29, 2013, the Plaintiff asserted that the instant injury to the Defendant was caused by occupational malpractice and stress, and applied for approval of medical care related to the instant injury to the Defendant. On June 17, 2013, the Defendant rendered a non-approval of the Plaintiff’s application (hereinafter “instant disposition”) on the ground that it is difficult to recognize the Plaintiff’s relationship with his/her duties due to the lack of proof of overwork or stress prior to the instant injury to the disease.

【Ground of recognition” without any dispute, entry of Gap evidence 1 and Eul evidence 1, and the purport of the entire pleading as to whether the disposition of this case is legitimate, the plaintiff alleged as to whether the disposition of this case is legitimate shall work in the D Station, and was transferred to C regardless of the intention of the plaintiff.

However, the C Station has a lot of garbage that should be fluent than other history, and the dynamics immediately before the outbreak of the injury of the injury of this case have rapidly increased gluence in the situation of vacations, and the occupational stress was extremely serious due to the poor working environment.

As such, although the Plaintiff’s injury or disease was caused by physical skin or mental stress due to excessive work, the Defendant’s disposition of this case which did not recognize the proximate causal relation between the Plaintiff’s work branch of this case and the Plaintiff’s business was unlawful.

Facts of recognition

During the period from July 1, 2010 to March 31, 2011, the Plaintiff performed the work of cleaning toilets, historic walls, floors, etc. in D Station. From April 1, 2011 to C Station, the Plaintiff is performing the same work as D Station.

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