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(영문) 서울행정법원 2016.04.28 2014구단57815
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 instant disposition

A. On December 1, 2006, B, the husband of the Plaintiff, was a person who became a member of the Jeonbuk-gu Seoul High speed Co., Ltd. (hereinafter below, Non-Party Co., Ltd.) and was operating an express bus. On December 9, 2013, while driving a bus that started military mountain around 17:00 on December 9, 201, it was used at the time of 19:30 on the 19:30 on the 19:30 on the fluoral symptoms and flusium, and was getting off from the dead cancer.

B immediately after being transmitted to the B-university hospital with 119 vehicles, it was diagnosed as a prop-prophosome in accordance with cerebral chronological fever and performed lux surgery and co-propoping surgery.

B. On December 18, 2013, B filed an application for medical care benefits on the ground that: (a) the applicant injury or disease was deemed to have deteriorated the individual injury; (b) the Defendant, on March 3, 2014, issued a disposition not to approve the application on the ground that the applicant injury or disease was found to have deteriorated the individual injury and that the applicant injury or stress was not verified (the instant disposition is conducted below).

C. B, while receiving the instant medical treatment due to the instant injury, died of cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of whole pleadings

2. Determination on the legitimacy of the disposition

A. The Plaintiff’s assertion that the labor union of the non-party company was a conflict between the Democratic Labor Group and the Korean Labor Group, and not only between labor and management but also between employees. The Deceased was a part of the strike proposed by the Democratic Labor Group on November 2012, which was subject to criminal complaint from the non-party company, and accordingly, went back to the non-party company on December 201, 201, and then re-entered on the non-party company. Accordingly, the labor union of the non-party company was seriously affected by stress, such as the lower salary class and the failure to receive bonuses.

In addition, the working hours initially promised by the non-party company were 12 hours and 10 minutes a day, 3 hours and 25 minutes a day, and the actual break time provided by the non-party company even though it was on the 8th day of each month, did not reach this, and it was a regular break.

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