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(영문) 서울행정법원 2018.09.14 2018구단53279
요양급여 및 휴업급여 불승인 처분 취소
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. The Plaintiff is a person who worked as an office at the office of the Gwangju District Court B support enforcement officer.

B. On August 14, 2014, the Plaintiff completed his/her service with his/her employees, carried out a show of food together with his/her employees, and was used with two pains while moving to the party room, and was diagnosed as “cerebrovascular and right flasing” (hereinafter “the injury disease of this case”) and applied for medical care benefits to the Defendant around 2017.

C. However, on November 3, 2017, the Defendant rendered a disposition to not approve the said application in accordance with the determination by the Gwangju Occupational Disease Determination Committee (hereinafter “instant disposition”).

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Eul evidence 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. From March 1997, the Plaintiff asserted that he had been working in the Gwangju District Court B Support Execution Office, and had an excessive work. In particular, prior to the occurrence of the instant injury, the Plaintiff dealt with complicated real estate removal and chemical sale cases, and caused physical overwork and mental stress to the civil petitioners.

Therefore, even though the injury and disease in this case occurred rapidly due to the plaintiff's excessive work and mental stress, it is unlawful for the instant disposition based on a different premise.

B. On January 1, 1997, the Plaintiff entered the office of Gwangju District Court B support enforcement officer and worked as office staff. 2) The Plaintiff worked for five days a week at the above office. The working hours were from 09:0 to 18:00 (point hours: 12:00 to 13:00) but in fact, the Plaintiff started to work and prepare for work at around 08:00, and it is late to leave the office at night (20:0 to 13:00).

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