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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Details of the disposition;
A. On November 21, 2011, the Plaintiff joined the Seocho-gu Branch Co., Ltd. Co., Ltd. (hereinafter “Nonindicted Company”) and was in charge of buying business for the LGDP business operators of the TRO business division.
B. On October 4, 2012, the Plaintiff was found to have worked at the Nonparty Company at around 14:40, and was found to have been sent back from the toilets in the company, and was diagnosed to have been called “brain color, serious brain ties (hereinafter “the instant injury”).
C. On March 4, 2013, the Plaintiff applied for medical care for the instant injury and disease to the Defendant. However, on April 22, 2013, the Defendant rendered a disposition not to grant medical care on the ground that there was no proximate causal relation with the instant injury and disease with his/her duties (hereinafter “instant disposition”).
2) Each entry of Gap evidence No. 1, No. 2-1, No. 2-3, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff asserted that he had been employed by the non-party company in the state of health, and had not been affected by the disease related to the disease of this case before being employed or had not been treated.
After the entry, the Plaintiff had the normal working hours from 08:30 to 18:00. However, at the beginning of each month, there are frequent cases where the Plaintiff should work for the night and new walls as a part of the adjustment and finishing work. Due to the characteristics of the purchase agency business, it was necessary to promptly handle the case of a request for purchase of emergency materials, a request for exchange of defective materials or standard changes, and a request for the exchange of defective materials, etc. In the event of the actual use of water, it was subject to heavy mental stress due to the injury
Therefore, even though the injury or disease of this case occurred due to such overwork and stress, the defendant's disposition of this case on different premise is unlawful.
B. In order to be recognized as a occupational accident under the Industrial Accident Compensation Insurance Act, work performance must be performed.