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(영문) 서울행정법원 2015.04.16 2014구단56850
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 October 26, 2013, the Plaintiff is a worker who was enrolled in B (hereinafter “Nonindicted Company”) located in Nam-gu, Nam-gu (hereinafter “Nonindicted Company”) and served as a maintenance engineer.

B. Around 09:00 on April 3, 2014, the Plaintiff, while working for the Nonparty Company, was diagnosed to have been in the C Hospital slickly slicked during the vehicle pumps replacement work. The Plaintiff was diagnosed to have been in the said hospital as having cerebral blood transfusion (hereinafter “the instant injury”).

C. Accordingly, the Plaintiff asserted that the instant injury and disease occurred due to occupational malpractice and stress, which constitutes occupational accidents, and applied for approval of medical care to the Defendant.

On July 17, 2014, the Defendant rendered a disposition not to approve the Plaintiff’s application for medical care (hereinafter “instant disposition”) on the ground that the Plaintiff’s application for medical care was difficult to recognize the relationship with the instant upper branch on the ground that it is difficult to recognize the relationship with the instant upper branch on the ground of the fact that the work factors, etc. to recognize the heavy occupational burden are not objectively confirmed, and that the high blood pressure, which is an existing disease, is deemed to have occurred naturally and naturally due to the lack of high blood pressure control.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap evidence 1 through 4 (including virtual number), and the purport of whole pleadings

2. The gist of the Plaintiff’s assertion has always been subject to stress by being entrusted with overall management of automobile correction expenses, customer counseling and store management in the non-party company.

In addition, according to the introduction of up-to-date machinery from the company of the non-party company, it frequently worked for extension, and it has conducted excessive work such as study and education on up-to-date machinery.

Therefore, since the injury and disease of this case is caused by the plaintiff's excessive work and stress and there is a proximate causal relation with the work, the defendant's disposition of this case issued on a different premise is unlawful.

3. Whether the disposition is lawful;

가. 인정사실 1 원고의 담당 업무 내용 등 ㈎ 원고는 2013. 10. 26. 입사하여 이 사건 상병...

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