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(영문) 서울행정법원 2018.11.22 2018구단11084
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 August 1, 2017, the Plaintiff had been employed as a three-wheeled gas station (hereinafter “ship station”) and had been employed as a three-wheeled vehicle. On August 15, 2017, the Plaintiff was sent back to the hospital pursuant to Article 119. At this point, the Plaintiff received a diagnosis of “the left-hand side of brain fluencing, the left-hand side of cerebrovascular, the blood transfusion, the speech disorder, and the part-hand right-hand side of the flusium” (hereinafter “the instant injury disease”), and applied for medical care benefits to the Defendant.

B. The defendant is a medical opinion that "the injury or disease of this case is confirmed, and even though it has been confirmed that he had performed duties for about 60 hours per week average during about 2 weeks prior to the outbreak, the service period is not short, and the duty in question does not have to be confirmed to the extent that the injury or disease of this case is likely to cause the injury or disease of this case, and it is difficult to view that the duty in question is not verified to the extent that the change in the situation or sudden change in the business environment was not verified, and that it was excessive to the extent that the injury or disease of this case was confirmed to have performed the ordinary duty, and therefore, "the non-approval decision

A. [Evidence No. 10, No. 1-2, and No. 1-2 of the evidence No. 1, and the purport of the whole pleadings for recognition.]

2. Whether the instant disposition is lawful

A. Although the plaintiff alleged that he suffered from a low-tension disease, the defendant's disposition of this case was unlawful even if proximate causal relation between the plaintiff's work and the injury and disease of this case was acknowledged, since the injury and disease of this case has deteriorated beyond the natural progress speed due to accumulated overwork and stress for at least 60 hours a week at the highest level.

B. On the other hand, the Plaintiff continued to serve as a three-way passenger with the Plaintiff’s duty, etc. on August 1, 2017, and left the Plaintiff around March 2017, and again joined on August 1, 2017.

B) The Plaintiff: 6th day of a week (Priday holiday per week), from 8:00 to 20:00 of a day (Priday holiday 30 minutes, 30 minutes of a heavy-time holiday, 30 minutes of a instant holiday).

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