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(영문) 서울행정법원 2017.08.24 2016구단64145
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 May 25, 2014, the Plaintiff filed an application for medical care benefits with the Defendant that the instant injury or disease constitutes an occupational accident after undergoing a diagnosis of electric traffic impulse, busing, prop-off transfusion, brain-resistant transfusion (hereinafter “instant injury”). On September 8, 2016, the Defendant confirmed the disease on the medical image data, but it was not confirmed that the work quantity or work hours increased by 30% or more than the daily work hours prior to the outbreak, and that the average working hours per week during 4 weeks prior to the outbreak do not exceed 49 minutes, 45 minutes, and 10 minutes prior to the outbreak, and that the Defendant did not objectively claim that the instant injury or disease falls under the occupational accident.

[The facts that there is no dispute over the basis for recognition, the entries in Gap evidence 1 and 3, and the purport of the whole pleadings.]

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the instant injury and disease occurred, called brain beer and beer.

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