2012Gudan15473 Revocation of Disposition of Non-approval for Medical Care

○○ (480814 -)

Jung-gu, Sung-gu, Sungnam-gu, Gai-ro 14, B1 (Dang-gu, Samduk-do)

Attorney Yellow-gu, Counsel for the plaintiff-appellant

Korea Labor Welfare Corporation

Ulsan Jung-gu, Ulsan-ro 340

Representative Lee Jae-chul

Litigation Performers Lee Chang-hee

April 25, 2014

May 30, 2014

1. On April 23, 2012, the Defendant revoked the disposition of non-approval for medical care granted to the Plaintiff.

2. The costs of lawsuit are assessed against the defendant.

The order is as set forth in the text.

1. Details of the disposition;

A. The Plaintiff has served as security guards of the Culul Housing Culture Center (hereinafter referred to as the “instant model house”) operated by the food company that is located in the Gangnam-gu Seoul Special Metropolitan City (hereinafter referred to as the “Coul”).

B. On September 2, 2011, the Plaintiff was discovered in a guard room and was transferred to a hospital. On September 2, 201, the Plaintiff received a diagnosis of acute cerebrovascular (hereinafter referred to as “the instant injury and disease”), and received a surgery on September 3, 201, after undergoing a diagnosis of acute cerebrovascular (hereinafter referred to as “the instant injury and disease”).

C. On January 31, 2012, the Plaintiff filed an application for medical care benefits for the instant injury and disease with the Defendant. However, on April 23, 2012, 2012, the Plaintiff issued the instant disposition non-approval for medical care on the ground that the instant injury and disease was caused by natural aggravation of the existing disease due to an examination of the Plaintiff’s work hours and details of duties, and that the instant injury and disease was not recognized as a result of the examination of the Plaintiff’s work hours and duties, and that the instant injury and disease were caused by natural aggravation of the existing disease.

[Ground for Recognition] In the absence of dispute, Gap evidence Nos. 1, 2, and Eul evidence No. 1 (with a number)

In the case of documentary evidence, each number shall be included.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

The Plaintiff’s work hours are 84 hours a week, 40 hours a week, working hours of ordinary workers, and the Plaintiff had to work continuously for 24 hours a week, including night work. The Plaintiff, who suffered from cerebrovascular-related diseases in the past, caused the instant injury to the Plaintiff, shall be deemed to be due to such overwork and stress. Thus, the instant injury and disease constituted occupational disease, and the disposition otherwise determined is unlawful.

B. Facts of recognition

1) Working hours, details of work, etc.

A) On January 6, 2010, the Plaintiff became a member of the Model House Co., Ltd. and became a member of the border of the instant model house. The Plaintiff’s working hours and the details of the duties are as follows.

○ Working Hours: 07: 00 to 07:0 (24 hours and 24 hours and 24 hours of duty)

○ Recess Hours: mid-term (12: 00 to 13:00), tin-type (18: 00 to 19:00), night (0: 00 to 00) (0: 00 to 03: 00).

○ Affairs: low customer response, removal of chemical teams, parking management, cleaning, garbage, waste disposal.

Patrols, access control, etc. of miscellaneous merchants, fire prevention, electric safety inspection, etc. at night.

conduct the work.

○ At night, 2~3 patrols: 00 to 06: 00 : 03 00 : 00 : 00 : 00 excluding patrols.

The rest can be freely made, such as viewing or bed by TV in a rain room.

○ If a shift worker uses a leave, the remaining workers shall work on behalf of the other workers;

The work day of a shift worker as well as his/her work day during that period;

Not working 24 hours in the Do, but worked 5 p.m. in the o.m. where the office workers retire.

work until 9:00 am on the following day from which they work.

The security guards can enjoy in the security room, which is the main working place of the plaintiff.

B) The instant model voucher was operated as follows.

○ The opening hours of model parcels: 10: 00 to 17: 00

○ The opening date of the model house: Five (5) days per week if no prior visit is made by the redevelopment association, etc.

The extent of five persons per day operated by the Si officer shall be viewing the exhibition officer; .)

○ Total number of employees: Three clerical staff members, one female employee in charge of US dollars, two security guards.

A person shall be appointed.

C) In August 201, the Plaintiff worked on the even number of days. The Plaintiff worked on the day of August 28, 201 (24 hours). Before August 201, 201, she worked on the day (24 hours) and his/her alternate workers on August 30, 201 and August 31, 2011, using the leave, the Plaintiff worked on the o’s day and worked on the o’s day and worked on the o’clock by the next day during that period, and on September 1, 2011, the Plaintiff worked on the 24 hours ( eventually, the Plaintiff worked on the o’s day from around 17:00 on August 31, 201 to around 0:0 on September 29, 201).

D) Gambrest knick on September 2, 201: around 06: 50, the plaintiff was at work and found to have been used in the guard room, and the plaintiff was transferred to the netcheon Hospital.

2) The Plaintiff’s health status, etc.

A) On August 14, 1948, the Plaintiff was 63 years of age at the time of the outbreak of the instant injury.

B) In the health examination conducted on October 30, 2006, blood pressure was measured at 110/80m Hg and 94m Hg/dL. In the case of blood pressure in the health examination conducted on November 13, 2008, the health examination conducted on November 3, 2008, the blood pressure was diagnosed at 119/78m Hg/dL, the blood pressure was diagnosed at 129/82mHg, and the blood pressure was diagnosed at 81mmh/dL respectively in the health examination conducted on November 30, 2010, but the health examination was determined at the normal level in 2006 and 2008, but the health examination was determined at the normal level in 2008.

C) The Plaintiff did not smoke, and until 2006, the Plaintiff dice 2 to 3 times a month, but did not drink since 2008 (the degree of illness per one time).

D) The Plaintiff did not have been treated with a high blood pressure or cerebrovascular disease prior to the outbreak of the instant injury, and there was only once the Plaintiff received treatment with urology on October 29, 2008. According to the Plaintiff’s statement, there was a serious fluorial color that occurred before 10 years prior to the occurrence of the instant injury, but the symptoms led to a private law.

3) Medical opinions

(A) Opinions on advice

○ It is difficult to view that a person who has previously been in fluence was exposed to chronic personality and mental stress to the degree of his/her ability in terms of his/her duties, so it is difficult to view that he/she had been exposed to chronic personality and mental stress.

B) Appraisal of medical records (Salves department)

○ It is determined that the Plaintiff did not have any spathic force that may serve as the cause of the instant injury. (The Plaintiff was suffering from a high blood pressure, urology, and heart disease, but there was no record of the specific contents and the background of the heart disease, and blood pressure was normal at the time of the outbreak, and the blood transfusion did not enter it as an important action in the medical record).

The record is unclear as to whether the heart dong discovered at the time of hospitalization at the ○○ Yancheon Hospital was king or whether it was caused by cerebral emerculation. In the case of the Plaintiff, it is highly likely that it was a direct cause for this emerculation Dong-dong, but the possibility of the latter may not be ruled out because the heart dong could temporarily occur in a emerculation during the emerculation.

○ The risk factor of brain stroke and stress is medically well known. If a male under the age of 63 serves 24 hours at the bar system, the overro and stress are one of the causes of brain stroke.

If the plaintiff had not been physically fluordly influently, the occurrence of cerebral chrons can be said to be the direct cause of the cardiopulmonary dynamics caused by overwork and stress rather than urine, and the degree of contribution is more than 50%.

[Grounds for Recognition] In the absence of dispute, each entry in Gap evidence 3-7, Eul evidence 1, 2, 4-6 (Provisional lot number)

호가 있는 서증의 경우 가지번호 각 포함 ) , 증인 이▣▣의 증언 , 이 법원의 대원공

As a result of fact-finding on new university hospitals of this Court, medical records of this Court

Results of the commission of appraisal and fact inquiry results, the purport of the whole pleadings

C. Determination

1) Since occupational accident refers to a disease caused by a worker’s occupational injury while performing his/her duties, there is a proximate causal relation between the occupational and the disease. In this case, as to the causal relation between the occupational and the disease of the worker, the causal relation between the occupational and the disease must be proved by the party asserting the causal relation. However, even though the main cause of the disease was not directly related to the performance of his/her duties, if at least the occupationalro or stress overlaps with the main cause of the disease and causes or worsens the disease, the causal relation between the occupational accident should be deemed to exist. In such a case, the causal relation does not necessarily have to be proved clearly by medical and natural science, and it should be proved even if it is presumed that there is a proximate causal relation between the occupational and the disease in light of all the circumstances. In addition, the basic disease or the excess of the existing occupational disease that can be ordinarily

As a result, even if the work and disease are rapidly aggravated at a natural progress speed, it shall be included in cases where the certification thereof was given, and the existence of causation with the work and the disease shall be determined on the basis of the health and physical conditions of the worker concerned, not the average person (see Supreme Court Decision 2008Du23764, Apr. 9, 2009).

2) Examining the instant case in light of the following circumstances revealed by the facts as seen earlier and evidence, it is reasonable to view that, although the Plaintiff was 63 years old at the time, the Plaintiff could not find out the person suffering from the injury of this case and the person suffering from the injury of this case, with the exception of this, where the Plaintiff was 63 years old, and where the person was unable to be deemed to have caused the injury of this case, labor intensity itself cannot be deemed to have been strong, but where the continuous work for 24 hours and the period immediately before the outbreak of the injury of this case was considerably borne by the body, and eventually, the injury of this case was directly caused by the injury of this case, or at least the Plaintiff’s existing disease was rapidly aggravated due to the natural progress. Accordingly, the work of this case and the instant case.

The instant disposition that found proximate causal relation between the injury and the injury and disease is unlawful.

A) As seen earlier, the Plaintiff’s labor intensity can be deemed to be generally low in light of the following: (a) while performing the Plaintiff’s duties, a serious physical labor is not rarely required; (b) the number of visitors to the model house of this case is low; and (c) the Plaintiff’s work can be conducted during night working hours and the place of sleeping is also in place. However, even so, the Plaintiff’s labor intensity may be deemed to be lower overall. However, even if 24 hours should continue to work and repeated daily work after one day work is not denied the form of work that imposes heavy burden on the human body.

B) Furthermore, in the case of the Plaintiff, the use of leave by a shift worker did not leave the time immediately before the outbreak of the instant injury and continued work for 40 consecutive hours, and thus, it seems that the effect of the Plaintiff’s work on the body of the original body was more likely to have occurred.

C) According to the medical care log of the Macheon-ro Hospital, the Plaintiff’s blood pressure was measured with 150/90mHg, 147mHg, and dL at the time of internal organs. From 2006 to 2010, the blood pressure and blood transfusion were continuously in normal terms and conditions. The Plaintiff did not receive high blood pressure or urology treatment except for the Plaintiff received one-time medical treatment from urology around 2008. The medical care log of the Macheon-ro Hospital was not diagnosed as an important factor in the outbreak or treatment of crymosis. Considering that the blood pressure at the time of hospitalization does not deviate from normal terms and may have an impact on blood pressure, it is difficult to view that the cause of the instant mathocy and urine therapy was in the same way as above.

D) On the other hand, the possibility of the cardio-pathic relationship discovered at the time of hospitalization at the Macheon Hospital could not be completely ruled out, but it cannot be said that there was a cardio-pathic movement to the Plaintiff from before the outbreak of the instant injury with the cardio-pathic color that occurred in 10 years before the appraisal was pointed out, and that there was a cardio-pathic color that had not been treated at the time of regular medical institutions.

3. Conclusion

The plaintiff's claim is reasonable, and it is so decided as per Disposition.

Judges Lee Byung-hee