(영문) 서울행정법원 2015.12.23 2014구단8486

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(영문) 서울행정법원 2015.12.23 2014구단8486

요양불승인처분취소

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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 June 1, 2011, the Plaintiff was employed and worked in B and changed to C on February 1, 2012, and was engaged in the business of managing and supervising daily employees as an interim manager of power distribution teams.

B. On April 14, 2013, around 09:00, the Plaintiff used tobacco to smoke, and was diagnosed by the two parts of the tobacco and the anti-cerebral typosis, and was transferred by a vehicle for 119 first-aid services to a D hospital on April 16, 2013. On April 17, 2013, the Plaintiff was diagnosed to undergo cerebral typosis, the right-hand mathy, and the dynamic typosis of the cerebral typosis (hereinafter “the instant typosis”).

C. On March 19, 2014, the Plaintiff filed an application with the Defendant for medical care benefits for the instant injury and disease, but the Defendant rejected the application on March 27, 2014 on the ground that there is no proximate causal relation with the instant injury and disease is recognized.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, and 8 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence 1 and 10, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the injury or disease of this case occurred due to long-time work and chronic fault or that of existing disease rapidly aggravated beyond natural progress, and thus, the injury or disease of this case suffered by the Plaintiff constitutes occupational accident.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. Fact-finding 1) The work in charge, work content, and the Plaintiff were employed on June 1, 201 and were changed to C on February 1, 2012, and the Plaintiff was performing duties, such as managing and supervising the employees of the power distribution team as an intermediate manager. Working hours are from 09:0 to 17:00, and working hours are from 17:00 to 21:00, and working hours are from 12:00 to 13:00 (s) and rest hours are from 12:0 to 13:00 (s) and from 17:30 to 18:30, a week.

The hours of 12 weeks prior to the occurrence of the plaintiff shall be the working hours.

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