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(영문) 서울행정법원 2017.09.07 2016구단32049
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. On November 2, 2015, the Plaintiff became a member of an agricultural company B Co., Ltd. (hereinafter “instant company”) and was in charge of the financial accounting affairs, from around 09:30 on March 17, 2016, which led to the symptoms of lack of power to hand, and thereafter, the Plaintiff was diagnosed as “brain color” (hereinafter “the instant injury”) by visiting the hospital at around 14:00 on the 14:00 after the symptoms were discovered. Accordingly, the Plaintiff applied for the approval of medical care on duty to the Defendant.

B. On June 27, 2016, the Defendant issued a disposition not to approve the Plaintiff’s application on the ground that “the change of the business environment that was rapidly prior to the occurrence of the instant injury does not have been confirmed and there is no data to verify the short and chronic occupational path. The Plaintiff’s existing disease appears to have deteriorated naturally and naturally, thereby resulting in the instant injury (hereinafter “instant disposition”).

C. The Plaintiff dissatisfied with the instant disposition and filed a request for review with the Defendant, but was dismissed.

[Reasons for Recognition] Unsatisfy, Gap evidence 2-1, 2-2, Eul evidence 1 and 4-2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff had no history of receiving medical treatment due to the disease related to the instant medical branch, and that time limit for the settlement of corporate tax in 2015 was expired around the date of the instant medical examination. However, around March 2015, the employee in charge of the previous accounting department was removed from office and the production worker who lacks accounting knowledge was in charge of the above duties. As such, the Plaintiff’s 19th and later retired from office every day while performing excessive duties, such as review of the data of the Plaintiff’s accounting office, assessment of corporate tax, adjustment of accounting data, etc. In order to prepare measures to improve the financial structure of the instant company that is faced with managerial difficulties, such as financial shortage, arrears with the fourth insurance premium, etc., and conflict with the representative director of the company as to the above improvement measures.

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