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(영문) 서울행정법원 2016.10.28 2015구단1420
요양불승인처분취소
Text

1. On May 26, 2014, the Defendant’s disposition of non-approval for oriental medical care is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On March 28, 2011, while working in China’s restaurant “B” (hereinafter “instant restaurant”), the Plaintiff occurred due to an accident involving the head of the cooling house, which occurred due to which he/she was dissatched in the main room, and was subject to the Defendant’s medical care benefit application on April 29, 2011, but was subject to the disposition of non-approval for medical care on May 31, 201.

The plaintiff filed a lawsuit seeking revocation of the above disposition (Seoul Administrative Court Decision 2012Gudan17318), but on July 31, 2013, the plaintiff's claim was dismissed on the ground that the circumstances leading to the accident are different from facts.

B. After the work on March 28, 201, the Plaintiff was diagnosed as “brain-resistant internal blood transfusion” (hereinafter “the instant injury”). The Plaintiff again filed an application for medical care benefits with the Defendant on November 19, 2013 on the ground that the instant injury was caused due to gas smell and work performed during the aforementioned work, and stress.

C. On May 26, 2014, the Defendant issued a medical care non-approval disposition (hereinafter “instant disposition”) according to the result of deliberation by the Occupational Disease Determination Committee, on the following grounds: (a) on the Plaintiff’s May 26, 2014, “it is difficult to find that the work performed by the Plaintiff was directly transferred to the Plaintiff due to the increase in the work volume; (b) it is difficult to find that there was no direct change in the night work or rapid work environment; and (c) it is difficult to find the person who caused cerebrovascular, directly due to the lack of a sudden change in the work environment.”

[Grounds for recognition] Unsatisfy, A No. 1.

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