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(영문) 울산지방법원 2014.03.06 2013구합1304
최초요양불승인처분취소
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 January 4, 2012, the Plaintiff joined the plant and parts of offshore steel structure B (hereinafter referred to as “inbound company”) and was engaged in the tasks such as cooking, folding, removal, work guidance, personnel management, etc., as captain. On April 30, 2012, the Plaintiff received medical treatment from the hospital, as a result, he/she received a medical examination from the hospital, and applied for medical care benefits to the Defendant on July 9, 2012.

B. Accordingly, on October 12, 2012, the Defendant rendered a disposition not to grant medical care (hereinafter “instant disposition”) on the ground that there is no proximate causal relation with the Plaintiff’s work with the instant branch of the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4 through 7, 14, and 15, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff alleged that the Plaintiff had suffered excessive mental or physical stress from around February 2012 due to the increase of work capacity and difficulties in the supply and demand of human resources and management. The work volume performed by the Plaintiff constitutes “where the work volume and work hours have increased by at least 30% than daily work hours within one week prior to the outbreak of occupational disease” as prescribed by the Ministry of Employment and Labor’s notification, which is a specific standard for recognizing occupational disease. Accordingly, there is a proximate causal relation between the Plaintiff’s work and the instant injury.

Therefore, the instant disposition that deemed the instant injury is not an occupational accident should be revoked as it is unlawful.

B. Fact-finding 1) The Plaintiff has been engaged in tasks such as working guidance, personnel supply and demand, and personnel management in another place of business from December 1, 2007 to the time of joining the non-party company. After joining the non-party company, the Plaintiff has been engaged in tasks such as working guidance, personnel management in addition to the above tasks.

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