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(영문) 서울행정법원 2014.05.30 2013구단13658
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. The Plaintiff, as an employee of the Management Service Business Co., Ltd. (hereinafter “instant company”), was in charge of cleaning B apartment (hereinafter “instant apartment”) in Pakistan-si (hereinafter “instant apartment”) 208 Dong, 209 Dong, and 210 Dong corridor, stairs, elevators, first floor parking lots, and surrounding buildings.

B. On November 27, 2012, around 10:52, the Plaintiff was discovered in the first floor parking lot of the instant apartment building 208, and was transferred to the 119 emergency medical institution by the 119 emergency medical service, and was diagnosed as blood transfusion within brain and cerebrovascular transfusion (hereinafter “the instant injury and disease”).

C. The Plaintiff asserted that the instant injury to the Defendant constituted an occupational accident, and filed an application for medical care benefits. On January 18, 2013, the Defendant rendered a disposition of non-approval of the application for medical care benefits (hereinafter “instant disposition”) on the grounds that the proximate causal relation between the instant injury branch and the instant injury branch cannot be acknowledged (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, 11, 18, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion ① there was a heavy burden in relation to the residents of the apartment of this case while taking charge of cleaning due to the defect of hearing and speech, ② the plaintiff alone clean up the hallway, stairs, elevators, the first floor parking lot, and the surrounding areas of the apartment of this case. In particular, it was necessary to make efforts to clean up the first floor of the apartment of this case because the floor of the apartment of this case is easily lowered and water-resistant. The intensity of the plaintiff's business is very high, and the plaintiff has no choice but to perform overtime work chronicly, ③ the plaintiff has cleaned the apartment of this case 206, 207, and 211 units of the apartment of this case, and there was a lot of stress due to the change of the area in charge with the residents in the summer of 2012.

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