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(영문) 수원지방법원 2016.05.20 2014구단31760
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 January 3, 2003, the Plaintiff has become a member of the company company and has performed the business of managing the company.

On February 7, 2014, the Plaintiff was used in the vehicle driven by the Plaintiff while leaving the hospital, and was sent to the hospital, and applied for medical care to the Defendant upon the diagnosis of the “in-the-counter blood transfusion (non-in-the-counter marriage)” (hereinafter “the instant injury and disease”).

B. On July 15, 2015, the Defendant: (a) rendered the instant disposition not granting medical care to the Plaintiff on the ground that the instant injury and disease was judged to be a natural aggravation of personal disease, and that there was no sudden change in working environment or an increase in work performance prior to the occurrence of the Plaintiff’s work while performing his/her duties; and (b) there was no objective proof of overwork and stress; and (c) the instant injury and disease

[Grounds for recognition] The entry of Gap evidence No. 2 and the purport of the whole argument

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion has increased since the end of October 2012, and the number of companies managed by the Plaintiff increased from 7 to 10, and the volume of the original transaction company’s management business has increased. In addition, since the end of 2012, the Plaintiff’s business was put into the production of products in addition to the production of products, and the field management business was performed, etc. from November 201 to the date of the instant disaster, and the Plaintiff’s business was rapidly and qualitatively increased compared to the ordinary lawsuit from November 2012 to the date of the instant disaster, and the Plaintiff’s chronic, physical, and mental stress caused the instant injury.

Nevertheless, the disposition of this case which did not recognize medical care by deeming that it is not an occupational accident is illegal.

B. Since joining the Plaintiff, including the contents of the Plaintiff’s duties, the ordinary working hours were 09:00 to 18:00, and five days per week. The Plaintiff’s average working hours per week were 59.97 hours per week until the date of the instant accident, 64.34 hours per week, and 68.45 hours per week, and the holidays were 68.45 hours per week.

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