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(영문) 서울행정법원 2016.09.23 2014구단55130
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 July 25, 2002, the Plaintiff, who was employed in the Japanese Island Co., Ltd., and was engaged in the vessel mooring in the Hyundai Heavy Industries Shipbuilding, was sent to the hospital after considering the Gu soil symptoms during the painting inspection, around November 21, 201, and was diagnosed as “brain-resistant and cerebrovascular” (hereinafter “the instant injury disease”).

B. On January 10, 2012, the Plaintiff filed an application with the Defendant for medical care benefits for the instant injury, and on May 17, 2012, the Defendant rendered a disposition not to grant medical care on the ground that the instant injury and disease was low in relation to the organic solvents and that it was caused by the maternal disease, which is a low-income disease, and that the injury and disease was caused by the maternal disease.

C. On June 17, 2014, the Plaintiff applied again for medical care benefits to the Defendant. On June 18, 2014, the Defendant rendered a disposition of non-approval for medical care (hereinafter “instant disposition”) on the same ground as before.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5 (including paper numbers), Eul evidence 1, 2, 6, 7, 8, 9, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On November 21, 201, the Plaintiff’s alleged painting was exposed to organic solvents during the Plaintiff’s business, with frequent excessive work accumulated overwork and stress. On November 21, 201, the instant injury and disease occurred while performing overtime work in weather conditions without improvement, and thus, there is a proximate causal relation with the instant injury and disease.

B. Fact-finding 1) The Plaintiff was employed in charge of the Plaintiff’s duties and working hours on July 25, 2002, and was engaged in vessel mooring duties in the Hyundai Heavy Industries Shipbuilding. The Plaintiff worked for five days a week from 08:0 to 17:00 on the ordinary day, and the point time was one hour from 12:00 to 13:00 on November 18, 201. The Plaintiff used half a day from 08:00 on November 18, 201 to 12:00 on the morning, and the Plaintiff was on November 19, 201 and on November 20, 201 on November 20, 2011.

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