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(영문) 서울고등법원 2016.11.25 2015누66631
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 reasons for the judgment of the court of first instance concerning this case are as follows: (a) from the third day of the judgment of the court of first instance, the second instance is as follows: (b) from the third day to the 7th day of the judgment of the court of first instance, the second instance is as follows: (c) 4:00 a.m. to the 4:0 p.m. 7:0 p.m. (14-20, Oct. 14, 200); and (d) 5th "No. 5-2" to the 4th day after "No. 1 and 4.m."; and (d) except for the addition of the following supplementary judgments as to the assertion that the plaintiff stressed again at the trial of the court of first instance, they are as stated in the reasons for the judgment of the court of

2. Supplementary judgment

A. The Plaintiff’s assertion was directed to today’s course of transmitting and taking care of persons eligible for medical care. In particular, from January 15, 201, the same year from January 15, 201.

4. Until August 18, 201, from August 6, 201 to August 15, 201, the Plaintiff served as the only caregiver within the above welfare center due to the vacancy of one caregiver.

Therefore, it is reasonable to view that the Plaintiff’s occupational course and stress therefrom caused the instant injury, or the maternal disease, which is an existing disease, led to the instant injury by worsening the maternal disease at a natural proceeding speed beyond that.

B. 1) The Plaintiff, including the Plaintiff’s working hours and basic duties, performed day care services among the businesses operated by the instant welfare center as a caregiver. Specifically, the Plaintiff was in charge of sending and taking care services for persons eligible for medical care, and the working hours were 08:30 to 18:00 on a day-to-day basis.

(No later than 13:00 on Saturdays). A person who is exclusively in charge of weekly care services in the instant welfare center for three months prior to the date of the instant injury or disease was two caregivers (Plaintiff, C) and one social worker (D).

The instant welfare center.

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