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(영문) 서울중앙지방법원 2017.10.19 2016가단5043592
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The plaintiff worked for the defendant corporation from April 15, 1978, and from around 2009, the plaintiff worked for the defendant corporation as a practice farm in the defendant corporation C.

B. On April 9, 2015, around 10:30 on April 10, 2015, the Plaintiff was transferred to an Gyeong University Hospital at around 16:00 on the same day and was diagnosed as acute cerebrovascular.

C. On August 11, 2016, the Plaintiff filed an application for medical care benefits with the Non-Party Labor Welfare Corporation by asserting that the above acute cerebral Bribery was an occupational disease after the instant lawsuit was filed.

On February 20, 2017, the Korea Workers' Compensation and Welfare Service: (a) deemed it difficult to recognize the causal relationship between the above disease and the business for the following reasons as a result of the deliberation by the Committee for Determination of Occupational Diseases; and (b) accepted the application

It is difficult to deem that the duties of the Plaintiff are excessive enough to cause short-term and chronic stress or mental stress.

There is no objective evidence that there is no change in the work environment, etc. within 24 hours prior to the outbreak or any increase in working capacity by at least 30% within a week prior to the outbreak, and that the average working hours per week exceed the chronic passing standard during the three-month period prior to the outbreak.

Since 2005, the Plaintiff had been in a state of needing regular management due to diseases, such as disability in a flag board, sound blood heart, heart flag, heart flag, brain flag, etc.

2. Determination on the claim for the payment of medical care benefits and temporary layoff benefits

A. In applying for medical care benefits and temporary disability compensation benefits under the Industrial Accident Insurance Act to the Korea Workers' Compensation and Welfare Service, the defendant is not obligated to cooperate with the plaintiff, and the defendant is obligated to implement the procedures for applying for medical care benefits and temporary disability compensation benefits under the Industrial Accident Insurance Act to the plaintiff.

B. Article 41(1) of the former Industrial Accident Insurance Act provides that a person who intends to receive medical care benefits shall receive medical care benefits from his/her workplace, the circumstances leading to the occurrence of accidents.

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