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(영문) 서울고등법원 2016.04.19 2015누52243
요양불승인처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the following judgments to Chapter 4, Chapter 17, which is the same as that of the judgment of the court of first instance. Thus, this is cited by Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of

2. The plaintiff asserts that the additional part of the plaintiff is due to the "an excessive work" in attached Table 3 of Article 34 (3) of the Enforcement Decree of the Industrial Accident Compensation Insurance Act, since all five street cleaners including the plaintiff are in charge of cleaning the whole church, in light of the size of the church and the number of believerss, such as the size of the church and the number of believerss exceeding 20,00,000 underground floors of the 9th, the second, and the second, the second, the second, the second, the second, and the third underground floors above the ground of the main part.

Article 34(3) Subparagraph 1 (a) (iii) of the Industrial Accident Compensation Insurance Act provides detailed criteria for cerebrovascular diseases or heart diseases during occupational diseases, and provides for cases where physical and mental burden which may significantly affect the normal function of cerebrovascular or cardioscular due to changes in the work environment, etc. In this regard, the Ministry of Employment and Labor’s announcement related thereto means a situation where job-related factors are objectively confirmed that the relevant worker continuously incurs an excessive physical or mental burden for three months or longer prior to the occurrence of the occurrence. In such cases, whether the relevant worker’s work falls under “ full-time work” refers to the volume, time, strength, and responsibility of the work, work environment, such as shifts, night work hours, etc., such as holidays, and night work hours, mental tensions, waters, work environment, age, gender, health conditions, etc., but the average weekly working hours per six weeks prior to the occurrence of the previous work hours shall be determined by taking into account the total working hours per six weeks or more (one week prior to the occurrence of the previous work hours.

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