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(영문) 서울행정법원 2018.03.23 2017구단71102
요양급여 등 불승인처분취소
Text

1. The Defendant’s disposition of non-approval of medical care benefits and temporary disability compensation benefits rendered to the Plaintiff on June 29, 2017 shall be revoked.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff joined the business partnership company, and the said company is entrusted with Btel in Yeongdeungpo-gu Seoul Metropolitan Government.

B. On October 1, 2016, while serving as the Director of the Management Office of Btel, the Plaintiff complained for two copies around 13:10 on December 19, 2016, and was diagnosed as “the cardio-cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Purpose (hereinafter “the instant injury”). On January 4, 2017, the Plaintiff applied for medical care benefits and temporary layoff benefits

C. However, on June 29, 2017, the Defendant rendered a disposition to deny the Plaintiff’s filing of the instant application (hereinafter “instant disposition”) according to the determination by the Seoul Occupational Disease Determination Committee (hereinafter “The Seoul Occupational Disease Determination Committee”).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 5, and 7, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is serving as the Director of the Office of Management of Btels, while serving as the Director of the Office of Management of Btels, and performed tasks related to C and D construction sites in addition to C and D construction sites.

In addition, the Plaintiff suffered serious stress in the dispute with the said occupant on December 19, 2016, while receiving continuous and unfair stress due to the continuous and unfair civil petition by the occupant of Btel, and immediately following the occurrence of the instant injury and disease.

Therefore, even though the injury or disease of this case was caused by the plaintiff's excessive work and mental stress, the disposition of this case on different premise is unlawful.

B. The term "occupational accident" under the Industrial Accident Compensation Insurance Act refers to an employee's injury, disease, disability or death due to an occupational reason, so there should be a proximate causal relation between the employee and the disease. In this case, the causal relation between the employee's work and the disease should be proved by the party asserting it, but such causal relation shall be proved.

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