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(영문) 서울행정법원 2019.05.10 2018구단68073
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 disposition;

A. On April 1, 2017, the Plaintiff (B) entered a company C (hereinafter “Nonindicted Company”) and performed cleaning work at the Ansan Factory E (hereinafter “instant factory”) located in the member-gu, Ansan-si, E (hereinafter “instant factory”).

B. On November 16, 2017, at around 11:55, the Plaintiff: (a) complained of a sadrum in a guard room to complete cleaning work at the instant plant; and (b) went back to the F Hospital of the 119 first-lane.

C. The Plaintiff was diagnosed at G Hospital as “the instant injury and disease” and applied for medical care benefits to the Defendant on December 15, 2017. However, on June 4, 2018, the Defendant did not verify to the Plaintiff the occurrence of a sudden and difficult incident or a sudden change in the business environment related to the Plaintiff within 24 hours before symptoms occur, and appears to have performed the same ordinary work as the usual work. The volume or time of the Plaintiff’s work within one week before the outbreak is increased by 30% or less than the average number or time of the work within 12 weeks before the outbreak, or difficult to adjust to the degree that it was difficult to recognize that there was an additional stress and proximate causal relation between the Plaintiff’s work and the instant medical care for about 27 hours and 30 minutes prior to the outbreak, and about 1 week prior to the occurrence of the outbreak, it is difficult to view that there was an average causal relation between the Plaintiff’s work and the instant medical care for about 30 hours prior to the outbreak and about 27 weeks.”

[Ground for Recognition] Unsatisfy, A No. 1.

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