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(영문) 서울행정법원 2016.12.22 2016구단3614
요양불승인처분취소
Text

1. On June 25, 2015, the Defendant revoked the disposition of non-approval for medical care granted to the Plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On January 2, 2015, the Plaintiff is an employee of B Co., Ltd., and filed an application for medical care benefits with the Defendant on April 222, 2015, when he/she was engaged in the work of moving materials for production at the place of business located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, and was in the neighboring C Hospital. However, he/she was found to have lost the mind at that place, and was transferred to the emergency room of the Chungcheong University Hospital, and was diagnosed as “brates under the vertebrate (the instant injury and disease below)” and was transferred to the emergency room of the Chungcheong University Hospital.

B. On June 25, 2015, the Defendant confirmed that there was a low-income disease on the part of the Plaintiff’s cerebrovascular, and issued a disposition that the Plaintiff’s working hours did not meet the chronic path standards set by the Ministry of Employment and Labor’s notice, and did not change the sudden and rapid working environment at the time of the instant accident, and that the instant injury was not recognized as an occupational disease on the ground that the time required for the work to handle heavy objects was not long (the instant disposition was conducted below).

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

2. Determination on the legitimacy of the disposition

A. The Plaintiff asserted that the Plaintiff was engaged in the work of transporting weight immediately before the occurrence of the instant injury, but such work is medically well known to have caused brain pressure to rapidly increase blood pressure, and thus, the cause of the instant injury shall be deemed to have resulted in a sudden change in blood pressure in the course of performing the work of transporting secondary materials on the date of the disaster.

Nevertheless, the defendant did not seem to have been chronicly excessive, but did not recognize the relation to the plaintiff's business solely on the ground that there was cerebral ties, a low-income disease, existed. The disposition of this case is unlawful.

B. (1) On January 21, 2002, the Plaintiff: (a) on January 21, 2002, a printed circuit board processing company B is below the company.

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