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(영문) 서울행정법원 2017.09.21 2017구단50693
요양승인처분취소
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 is a company with the objective of hotel, building, housing management, cleaning, quarantine, etc., and Defendant A’s assistant participant (hereinafter “participating”) joined the Plaintiff on May 9, 201 and retired on December 1, 2015.

B. On May 17, 2016, the Intervenor received a diagnosis of “the Madern and part marrhee of the Madern Madern Madern Madern Madern Madern Madern Madern (hereinafter “the instant injury and disease”),” and applied for medical care benefits for the instant injury and disease to the Defendant.

C. On October 28, 2016, the Defendant rendered a decision to approve the medical care (hereinafter “instant disposition”) to the intervenors.

[Ground of recognition] Facts without dispute, Gap's evidence 1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Considering the fact that the Plaintiff’s assertion did not perform a work that imposes a burden on the Plaintiff in B hotel and casino (hereinafter “instant workplace”) that the Plaintiff manages, the instant injury and disease was not caused in the course of the Intervenor’s performance of his duties, but caused a natural aggravation of the existing disease, and thus, the proximate causal relation with the Intervenor’s work is not recognized, the Defendant’s disposition taken on a different premise is unlawful.

B. On May 9, 2001, an intervenor (1) who was suffering from the Intervenor’s labor relations, working hours, and duties, etc. (a) entered the Plaintiff on May 9, 2001 as Cved women, and was engaged mainly in cleaning work at the instant workplace during about 14 years and seven months until December 1, 2015.

(B) The Intervenor served as three bridges [A (07:0-15:00), B (15:00 to 23:00), and C (23:00 to 07:00)] while changing service groups on a ten-day basis per week-time basis, and there was one-day-time-time-time-time-time-time-time-time-time-time-time-time-time-time-time-time-time-time-time-time-of-day-time-time-time-time-time-of-day-time-time

(C) The intervenor, as a hotel fmerd in B’s hotel, shall be the hotel road and common area.

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