logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2016.11.24 2016구단19626
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

During the period from July 12, 2010 to September 13, 2010, the Plaintiff is a person who had worked as a “sacrife” for the food of nitron oil Co., Ltd. (hereinafter “instant company”).

While working in the instant company, the Plaintiff asserted that the editing disability of the said worker due to mental stress caused by the false injury of the said worker by prisoners of war (hereinafter “instant injury”). On June 25, 2015, the Plaintiff applied for approval of the medical care for the instant injury and disease to the Defendant.

On December 29, 2015, the Defendant rendered a disposition not to approve the Plaintiff’s application (hereinafter “instant disposition”) on the ground that the instant injury and disease was caused by an individual person’s disease, and that there was no occupational fault or stress deemed to have been caused by the instant injury and disease.

[Ground of recognition] In the absence of dispute, the Plaintiff’s assertion of legitimacy of the disposition of this case as to Gap’s evidence Nos. 1, 2, Eul evidence Nos. 1, 2, and 2, and the purport of the entire pleadings, and the purport of the disposition of this case was lawful. While the Plaintiff’s assertion of legitimacy of the disposition of this case’s lawsuit, the Plaintiff’s Dong fee employee (“the Plaintiff is playing in the Republic of Korea as a man with male in South Korea.” On September 14, 2010, the Plaintiff was written as a result of mental pain and stress, and the

Therefore, the defendant's disposition of this case which did not recognize the injury or disease of this case constitutes occupational accident is unlawful.

Judgment

The term "occupational accident" under the Industrial Accident Compensation Insurance Act refers to an injury, disease, physical disability, or death of a worker caused by his/her duties while performing his/her duties, so there is a causal relationship between his/her duties and the disaster, and such causal relationship must be proved by the party asserting it.

And these causations are not necessarily required to be clearly proved by medical nature science.

arrow