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(영문) 서울행정법원 2014.10.24 2013구단14644
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 July 1, 2010, the Plaintiff was diagnosed as “self-cerebrovascular cerebrovascular (hereinafter “the instant injury”) on October 15, 201 while performing a duty to manage the sale and building management of C Apartments as an employee employed by Nonparty B, and the Defendant caused the instant injury due to occupational occupational injury and stress. As such, the Plaintiff asserted that it constitutes an occupational accident and applied for the approval of medical care.

B. On May 11, 2012, the Defendant issued the instant disposition that rejected the Plaintiff’s application for medical care in accordance with the review by the Seoul Occupational Disease Determination Committee, on the following grounds: (a) the Plaintiff had a high blood pressure of the left-hand low-speed nuclear, and may have some mental stress on his/her business responsibility; (b) there is no objective data about overwork, such as the increase in the volume of work prior to the outbreak; and (c) there is an old age of the Plaintiff and the suspension of medical treatment for high blood pressure; and (d) it is difficult to recognize a relationship with the Plaintiff’s work due to the natural deterioration of the existing disease caused by the increase of the age.

C. The Plaintiff filed a petition for review and reexamination on the instant disposition on July 19, 2012 and December 14, 2012, but all of the appeals were dismissed on September 26, 2012 and April 12, 2013.

【Ground of recognition】 The fact that there has been no dispute, Gap 1, 21, and 22, and the purport of the whole pleading

2. The gist of the Plaintiff’s assertion is that the sales contract rate of 3% is merely 3% as a general manager in charge of new construction, public relations, and sale of the apartment, and thus, the Plaintiff suffers from extreme stress due to insufficient funds for the settlement of construction cost, defect repair

In addition, in order to promote the sale of buildings in units, accommodation and rest in a unsold officetel in the C apartment building from the end of the year in 201 after the end of the year in 201, and night and holiday consultation have continued for a long time, and the management of occupancy households was concurrently conducted for a total of 31 consecutive days from the date on which the injury and disease occurred, and the average daily overtime hours up to 2 hours and 30 minutes.

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