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(영문) 서울행정법원 2017.05.19 2016구단3560
요양급여불승인처분취소
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 November 10, 2014, the Plaintiff entered into a daily work contract with a general construction company (hereinafter “non-party company”) and has performed the management and supervision of the ancillary civil works and landscaping works at the site of B elementary school and C secondary school construction work (hereinafter “instant construction work”).

B. On May 10, 2015, while working at the construction site of this case on May 13:30, 2015, the Plaintiff was immediately sent to an emergency room of an Gyeong National University Hospital and received treatment, such as scopic administration, etc., and was transferred to the astronomical Matern Hospital.

The Plaintiff was diagnosed by a character-type hospital as a physical practice for cerebral brain, cerebral typosis, and central organ donation (hereinafter “the instant injury”).

C. On June 2, 2015, the Plaintiff filed an application with the Defendant for medical care benefits related to the instant injury branches.

On July 2, 2015, the Defendant rendered a disposition not to accept the Plaintiff’s above application on the ground that there is no proximate causal relation between the occurrence of the instant injury and the work (hereinafter “instant disposition”).

【Ground for recognition】 The fact that there has been no dispute, Gap's entries in Gap's 1 through 7, 9, 11, and 17, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that while working at the construction site of this case, the Plaintiff brought about physical and mental burden on the part of the Plaintiff during a short period of time due to significant increase in occupational burden or chronic heavy tasks. Accordingly, there was a proximate causal relation between the occurrence of the instant injury and the Plaintiff’s work.

Therefore, the instant disposition issued on a different premise is unlawful.

B. The Plaintiff, including the Plaintiff’s principal duties at the construction site of this case, is an incidental civil engineering and landscaping.

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