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(영문) 서울행정법원 2017.06.08 2016구단52197
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 April 13, 2015, the Plaintiff, as an employee of B Co., Ltd. (hereinafter “Nonindicted Company”), was engaged in an election campaign in the physical training room of the building in which Nonparty Company was located, and went to the Indones Seoul Baro University Hospital due to the two sides and awareness low, and was diagnosed with brain dystrophism and brain ties.

B. On August 2015, the Plaintiff filed an application for medical care approval on the ground that the brain dystrophism (cerebral dystrophism), cerebral dystrophism, cerebral dystrophosis, fystrophal urology, upper Minister-level dystrophism, and waste collection (hereinafter “instant injury”) constituted occupational accidents. On November 30, 2015, the Plaintiff received medical care approval from the Defendant on the ground that “the instant injury” had personal risk factors, such as rain, heart dystrophy, and smoking power, and the time of work does not exceed the criteria for recognition of excessive work, in full view of these factors, the Plaintiff received medical care approval (hereinafter “instant disposition”) on the ground that proximate causal relation with the instant injury was not acknowledged based on the results of deliberation by the Seoul Decision Committee on Determination of Emergency Diseases.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the Plaintiff’s assertion that the injury or disease of this case was not limited to the Plaintiff, and since 2010, the Plaintiff was prevented from drinking three diseases since 2010, and continued to provide health care, and that the department was changed due to personnel movement, while engaging in two duties before and after the personnel movement for three months before and after the outbreak, the department was engaged in excess of corporate bonds payment project, there was considerable stress on the part of the Plaintiff. Accordingly, the injury or disease of this case occurred or is beyond the natural speed.

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