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(영문) 부산지방법원 2018.05.30 2017구단1012
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 January 23, 2017, the Plaintiff was working as a driver for a limited company B (hereinafter “non-party company”). On January 23, 2017, the Plaintiff is driving a C25 passenger car (hereinafter “the instant passenger car”).

After causing a traffic accident that shocks the right part of the vehicle stopped on the two-lane (hereinafter referred to as “instant accident”), the said vehicle stops in the safety zone at the intersection and withdraws rest.

On the same day, at around 12:28, around 119 first-aid medical corporations for first-aid vehicles, they were diagnosed as brain cerebral (hereinafter “the instant injury and disease”).

B. Accordingly, although the Plaintiff filed an application for medical care benefits on the ground of the instant injury and disease, the Defendant rendered the instant disposition that rejected the application for medical care benefits on the ground that it is difficult to recognize the instant injury and disease as an occupational accident on March 30, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the injury or disease in this case occurred while working as an operator of the non-party company, due to cumulative occupational and stress, or combined with the previous inducing person, and thus, it constitutes an occupational accident.

Nevertheless, the instant disposition that did not approve the medical care for the injury and disease of this case on different premise is unlawful.

B. Facts of recognition 1) The Plaintiff entered the non-party company on April 1, 2016 and served as a bus driver, and operated the instant bus from 06:5 to 07:50 on the ordinary day; from 20:00 to 20:50; from 09:40; from 08:30 to 09:40; from 15:30 to 16:40; from 06:5 to 07:50; from 17:50 to 17:50 on the Saturdays, the Plaintiff shall have the children of F Child Care Center from 08:30 to 09:40; from 06:50 to 07:50 on the Saturdays.

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