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(영문) 서울행정법원 2020.09.09 2019구단51287
요양불승인처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On July 5, 2010, the Plaintiff entered a steel wholesale retail business, metal manufacturing business, etc. (hereinafter “instant business establishment”) and was engaged in the manufacturing of steel materials, management, supply, metal manufacturing, etc. at the instant business establishment around May 16, 2018, and applied to C hospital the head of the instant business establishment, showing symptoms that the horses were not well-known.

B. The Plaintiff was diagnosed at the above hospital as “cerebrovascular disease” (hereinafter “the instant injury”) and applied for medical care benefits to the Defendant. However, on November 8, 2018, the Defendant rendered a disposition not to grant medical care (hereinafter “instant disposition”) for the following reasons.

- There is no sudden or sudden change in the work environment at the time of the outbreak of the instant injury, and the average work hours per week immediately preceding the outbreak of the instant injury per 4 weeks and 12 weeks respectively are 23 hours and 12 hours, respectively, and the weekly work hours immediately preceding the outbreak is confirmed to be 43 hours and is not recognized as short-term and chronicly to the average work hours of ordinary workers.

- The Plaintiff asserts that the instant injury was caused by overwork and mental stress, and there is no physical or occupational stress, which is specifically recognized as a result of the investigation, and there is no other factors to increase the burden of work, such as night work, lack of holidays, harmful working environment, and mental tension.

Therefore, it is highly probable that the cause of the outbreak is not properly controlled by the personal life factors such as rain, drinking, smoking, etc. or the original high blood pressure, which is the basic disease, and thus, it is difficult to recognize a proximate causal relationship with the work of the Committee for Determination of Occupational Diseases, which is common opinion of the members of the Committee for Determination of Occupational Diseases.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 2, 4, and 5 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The instant disposition is made.

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