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(영문) 서울행정법원 2016.06.17 2014구단50173
요양불승인처분취소
Text

1. The Defendant’s disposition of refusal to grant medical care to the Plaintiff on May 23, 2013 is revoked.

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

Reasons

1. Details of the disposition;

A. On November 29, 2012, while serving as a medical corporation B (hereinafter referred to as “non-party company”) facilities and a deputy head, the Plaintiff went to a Dong and a billiard room after completing a workplace conference on November 29, 201. At around 22:00, the Plaintiff appeared to sit and was under the diagnosis of “cerebrovascular and cerebrovascular,” and applied for medical care benefits for the instant injury and disease to the Defendant.

B. On May 23, 2013, the Defendant rendered a disposition not to approve the above application (hereinafter the instant disposition) on the ground that “the brain chronology among the instant injury and injury is not recognized as the Plaintiff’s over-the-counter or stress, and the cerebrovascular transfusion is merely a complication during the cerebrovascular treatment and cannot be viewed as an occupational disease.”

C. The Plaintiff dissatisfied with the instant disposition and filed a request for reexamination, but was dismissed on October 16, 2013.

[Ground of recognition] Facts without dispute, Gap 1 through 3, Eul 1, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was frequently on duty, and in particular, the Plaintiff served for at least 30 consecutive hours prior to the outbreak of the instant injury.

Therefore, the injury and disease of this case is based on the plaintiff's excess, and there is a proximate causal relation with the business, and the disposition of this case based on the different premise is unlawful.

B. The work period of the plaintiff on April 1, 2010: The work hours for the management of the hospital's facilities as a facility and a deputy head: The work hours from 09:0 to 18:00 per week, as a matter of principle, by setting the sequence between the plaintiff and four employees, including the plaintiff working for five day a week, and one person is in charge of night watch duty. The work hours are about 7:8 days per month. The work on duty does not treat wastewater generated by the non-party company, treat it in an emergency situation against patients in an emergency room, etc., and do not properly sleep the non-party company's emergency atmosphere. The work hours are up to 09:00 on the following day, and the day is on normal leave.

The Plaintiff on November 28, 2012, the day before the instant injury or disease occurred.

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