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(영문) 서울행정법원 2016.04.01 2015구단8896
요양급여불승인처분취소
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 November 18, 2014, the Plaintiff, while serving as a delivery service provider affiliated with Seoul UAB agency, filed a medical care benefit application with the Defendant after receiving a diagnosis of “self-cerebral cerebral cerebral cerebral Bribery” (hereinafter the instant injury and disease) by calling shower at 15:20 Gi-si immediately after the departure of the Republic of Korea on November 18, 201.

B. On May 26, 2015, the Defendant rendered a disposition not to approve the Plaintiff’s application (hereinafter the instant disposition) according to the Seoul Occupational Disease Determination Committee, which did not have a causal relationship with its duties.

[Reasons for Recognition] Unsatisfy, Gap 27, Eul 1, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff alleged that the plaintiff had been suffering from the injury and disease of this case due to continuous work for 23 days, etc. Thus, the injury and disease of this case constitutes occupational disease.

Therefore, the instant disposition taken on a different premise is unlawful.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. Fact-finding 1) The Plaintiff was employed by Nonparty Company on July 17, 2012. The employees of Nonparty Company were the Plaintiff and two (2) employees of Nonparty Company, and there were five (5):0 to 16:00 a day, Saturday 07:0 to 15:00 a day, Sundays 09:0 to 13:00 a day, and Sundays 05:0 to 07:00 a day (in Saturdays, from 07:0 to 09:00 a day). The Plaintiff’s working hours are 0 to 07:0 a day, from 00 to 07:0 a day (from 07:0 a day to 09:0 a day) to 07:0 a day, from 07:0 to 09:00 a day, to 1:0 a day-to day-day one to 1:6:0 a day-to-day one to 1:60 a day-to-day one to day-day one to day-day.

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