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(영문) 서울행정법원 2018.03.29 2016구단61924
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. On May 1, 2014, the Plaintiff entered a company B (hereinafter “Nonindicted Company”) and was in charge of the operation of a factory, fund management, field employees management, vehicle consignment, etc. as a management director. On September 4, 2015, the Plaintiff left the hospital around September 19, 2015, and was diagnosed as “brain color” (hereinafter “the instant injury”) as a result of the hospital’s internal symptoms, and filed an application for medical care benefits with the Defendant.

B. On March 17, 2016, the Defendant rendered a disposition not to grant medical treatment application to the Plaintiff on the ground that “The Plaintiff is deemed to have performed ordinary business affairs without confirming the rapid change of working environment, sudden increase in work volume, excessive excessive work volume, stress, etc., to the extent that the instant injury and disease may be induced,” and thus, the Defendant rendered a disposition not to grant medical treatment application for the Plaintiff on the ground that it does not have a proximate causal relation between the occupational branches

C. On July 6, 2016, the Plaintiff filed an application for medical care benefits for the instant injury and disease again with the Defendant, and the Defendant rendered a disposition not to approve the said application for the same reason on July 13, 2016 (hereinafter “instant disposition”).

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 1 to 4, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The Plaintiff asserted that he was responsible for the management of funds in the non-party company, but the non-party company was in a financial state, such as failure to pay the monthly salary of its employees, etc. Accordingly, the Plaintiff was under extreme stress in order to prepare a plan to raise operating funds, and was exposed to the chronic department due to the burden of managing the business and field employees.

The instant injury was caused by the Plaintiff’s overwork and stress as above.

The defendant's disposition of this case based on the different premise is unlawful.

B. Determination 1.

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