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(영문) 서울행정법원 2014.07.24 2013구단51490
요양불승인처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

A. On August 29, 2012, the Plaintiff employed the Daegu Factory Co., Ltd. (hereinafter “instant plant”) as a delivery engineer at night.

원고는 2012. 11. 20.경 집에서 엎드려 휴대전화를 하다가 뒷목이 땡기는 증상 및 두통을 느낀 후 병원에 3일간 입원하여 진료받았고 같은 달 25.까지 근무하지 아니하였다.

After December 1, 2013, when the person did not work on December 1, 2013, he lost his consciousness at around 23:30 and moved to a hospital. Since then, he was diagnosed as “the instant injury and disease” (hereinafter referred to as “the instant injury and disease”).

B. On January 21, 2013, the Plaintiff asserted an occupational accident to the Defendant and applied for the approval of the medical care. However, on February 28, 2013, the Defendant rendered a disposition not to approve the Plaintiff’s application (hereinafter “instant disposition”) on the ground that there was no sudden change in the occurrence of a sudden and difficult case related to the work within 24 hours prior to the outbreak of a disease, and there was no physical or mental excess due to the occurrence of a sudden change in the work environment, and there was no confirmation of the fact that the Plaintiff received a physical or mental heavy load to the extent that it could have a significant influence on the normal function of the cerebrovascular. The medical opinion on this issue is not confirmed as excessive stress or excess that may cause the disease in the instant case, and there was no rapid change in the work environment, and thus, there is no proximate causal relation between the disease in the instant case’s

[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 evidence, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff worked in the instant workplace on August 29, 2013 and worked for about 12 hours a.m. from 3 months to 6 p.m. during the 3-month period, and worked at night by 7 a.m. the following day.

In October 2012, there were many days of work without holidays.

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