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(영문) 서울행정법원 2015.07.24 2014구단55697
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 May 11, 2012, the deceased A (hereinafter referred to as “the deceased”) is a person employed by C Care Center (hereinafter “C Care Center”) and worked as a caregiver.

On July 13, 2013, the Deceased was found to have been used by his/her family at his/her own home around 15:00, and through the D Hospital, the Deceased was diagnosed as “cerebral cerebralopty, cerebral cerebral hemalopty, cerebral cerebral cerebral cerebral cerebral cerebral cerebral tymosis, cerebral cerebral cerebral tymal tyroptysis, and dual tymal typ

B. On November 5, 2013, the Deceased asserted that “Around 23:00-24:00 on July 12, 2013, the Defendant applied for medical care benefits for the instant injury or disease, asserting that the Deceased was found to have been employed by his family at around 15:00 on July 13, 2013, with a view to cathering the baton phone with the body and taking the baton phone at the above medical care center and taking the caturine into consideration.”

C. On February 11, 2014, the Defendant rendered the instant disposition on February 11, 2014, on the ground that “it is difficult to recognize the fact of disaster because the circumstances leading to the accident while the deceased was out of work hours are unclear, and it is difficult to recognize the proximate causal relation with the disaster.”

D. The deceased filed a request for examination against the Defendant on June 5, 2014. However, the Defendant rendered a decision to dismiss the deceased’s request for examination on the ground that the instant injury and disease was not recognized to have occurred due to occupational accidents. E. The deceased died on April 1, 2015 after filing the instant lawsuit, and the Plaintiff, who is the wife of the deceased, taken over the instant lawsuit. [In the absence of any dispute over the grounds for recognition, the entries in Gap’s No. 1, 2, and 4, and the purport of the entire pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is necessary to continue night work, such as preparation for food and urbology, etc., at night time with the business owner’s implied consent, during night recess hours (which falls under actual working hours).

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