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(영문) 서울행정법원 2017.12.13 2017구단55063
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. Plaintiff’s civil engineering engineer was employed on August 10, 2015 in the Neogin Co., Ltd. and was assigned to the position of the director of the civil engineering division at the construction site B, and performed tasks, such as working instructions for the construction work, preparation of work daily reports, and measurement.

B. On October 24, 2015, while preparing to work at work around 06:00, the Plaintiff entered the emergency room with symptoms, etc. that do not turn back, and applied for the first medical care benefit to the Defendant after receiving the diagnosis of the “flaging, in detail, the flaging, flaging, and flaging disability” (hereinafter collectively referred to as “the instant injury”).

B. On July 14, 2016, the Defendant rendered a disposition of non-approval of the Plaintiff’s application for medical care (hereinafter “instant disposition”) according to the result of the review that “it is reasonable to deem that an individual’s existing disease occurred in the course of natural progress rather than to recognize that the instant injury was caused due to overwork and stress or that the existing disease was aggravated” (hereinafter “instant disposition”).

C. The plaintiff was dissatisfied with the request for examination, but was dismissed.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s average working hours per week prior to the occurrence of the instant injury and disease fall under 63.2 hours and exceeds 60 hours, which are the base working hours for chronic lines as determined by the Ministry of Employment and Labor’s notice.

The plaintiff was called from the phone that dump truck article does not run for dump excavation work before his/her attendance at work due to such chronic fault.

Therefore, the Plaintiff’s emotional stress arising from a sudden and difficult incident related to his/her duties has occurred, and the cerebrovascular disease is naturally occurring.

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