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(영문) 서울행정법원 2019.07.11 2018구단16713
요양급여불승인처분취소
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 February 1, 2015, the Plaintiff became a member of the Plaintiff Company B (hereinafter “instant workplace”) and was diagnosed as a result of the WIGsis and adaptation at the D Hospital on March 10, 2017 (hereinafter “instant disease”) on the ground of the water surface disorder, paralysis, paralysis, other physical reaction, etc. while performing cleaning and sacratic work at C Elementary School (hereinafter “instant school”).

B. On March 20, 2018, the Plaintiff filed an application with the Defendant for medical care benefits for the instant injury and adaptation. On March 20, 2018, the Defendant approved medical care for the adaptation reaction, and rendered a disposition of partial approval of medical care for the instant injury on the ground that “the cause of the injury and disease was determined to have influenced the Plaintiff’s individual person who is not related to his duties, and business relations cannot be recognized as having been recognized as an occupational accident” (hereinafter “instant disposition”) based on the E Committee’s deliberation that “the cause of the injury and disease was not clear and affected by the Plaintiff’s individual person who is not related to his duties” (hereinafter “instant disposition”).

C. On April 11, 2018, the Plaintiff dissatisfied with the instant disposition, filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but the said Committee rendered a decision to dismiss the Plaintiff’s request for reexamination on July 20, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 10, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted as a non-regular worker is unlawful in the defendant's disposition of this case based on a different premise, even though the injury or disease of this case occurred or aggravated, due to unrefeasiness in the contract renewal, discrimination with the workers belonging to the school of this case, coercion of withdrawal from the workplace of this case, threat to personal motherhood and body, etc. after filing a civil petition with the Ministry of Employment and Labor and Labor and the Office of Education.

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