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(영문) 서울고등법원 2015.09.24 2015누36074
요양불승인처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. From February 1, 2013, the Plaintiff was diagnosed as an employee of non-SSEL, who was in charge of the preparation and sales of products, such as salted fish, etc. at home flus B at the home flusbb, and was diagnosed as “scoping-scoping-out transfusion, cerebral doer fever, and post-transport beer” (hereinafter “instant injury and disease”).

B. Accordingly, around October 10, 2013, the Plaintiff filed an application for medical care benefits for the instant injury and disease with the Defendant, on September 13, 2013, on the following grounds: (a) around 15:00 of the 15:0 of the 2013 World Trade Organization, the Plaintiff continued to work and was diagnosed as the instant injury and disease after two copies were performed within the cooling room at the level of 10°C in order to adjust products.

C. On November 14, 2013, the Defendant denied the Plaintiff’s application for medical care benefits (hereinafter “instant disposition”) on the ground that the Plaintiff’s application for medical care benefits was difficult to recognize the proximate causal relation with the Plaintiff’s work on the ground that the Plaintiff did not confirm the short-term and long-term course of work and could partially be borne due to the duties to adjust the cooling room performed on September 13, 2013, but it was not determined due to changes in business environment to the extent that brain-related diseases may occur.

The Plaintiff, who was dissatisfied with the instant disposition, filed a petition for review to the Industrial Accident Compensation Insurance Reexamination Committee, but was dismissed on February 28, 2014.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, Eul evidence No. 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On September 13, 2013, the Plaintiff asserted that, in order to adjust products, the Plaintiff started to work in the cooling room of 10°C volume for one hour at the cooling room of 10°C volume, and began to work for two copies. Nevertheless, the Plaintiff worked for ten days from September 9, 2013 to September 18, 2013.

As above, the Plaintiff was diagnosed on September 27, 2013 due to cerebral ties and stress as a result of its work. Therefore, the Plaintiff was diagnosed on September 27, 2013.

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