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(영문) 서울행정법원 2020.03.18 2018구단77169
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. From August 15, 2016, the Plaintiff, a mobile phone sales agent, was sent back to D Hospital (hereinafter “instant accident”), which was used in the instant workplace around August 14:20, 2017, when he/she was working in charge of mobile phone sales and store management at “B (C points; hereinafter “instant workplace”).

B. The Plaintiff was diagnosed as “cerebral cerebrovascular, cerebral cerebral cerebrovascular Macule,” and applied for medical care benefits to the Defendant. However, on September 28, 2018, the Defendant rendered a disposition of non-approval for medical care (hereinafter “instant disposition”) on the following grounds.

- Confirmation of the injury and disease in the instant case on the medical record site submitted, and “the form of cerebrovascular ties” is a medical opinion that it is an individual with low-income disease unrelated to work.

- confirmed that there is no sudden and difficult occurrence and sudden change in the work environment related to work within 24 hours prior to the outbreak of the duty, and that daily work was performed without any increase of not less than 30% of the daily work hours per week prior to the outbreak, and the average weekly work hours per week during 12 weeks prior to the outbreak are 61 hours and 15 minutes (5-7 minutes per week average work hours per 4 weeks).

- With a comprehensive consideration of operating time, intensity and accountability, changes in the business environment, etc., it is not objectively confirmed that there has been an excessive physical or mental burden for at least three consecutive months prior to the occurrence.

The plaintiff's work is long time, but the intensity of work is not high, and the duty-related stress factor is not considered significant.

- In full view of the above facts, medical opinions, etc., the injury and disease of this case is not caused by the plaintiff's occupational factors, but by personal factors.

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