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(영문) 서울행정법원 2015.02.13 2014구단6039
최초요양불승인처분취소
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 September 16, 1991, the Plaintiff joined the Pyeongtaek-si Factory Co., Ltd. (hereinafter “instant plant”). From September 10, 1996, the Plaintiff had been engaged in the inspection of complete vehicles (PDI: Unredelivery) before shipping from B Team.

B. On January 3, 2014, at around 18:43, the Plaintiff: (a) was transported to a nearby C hospital rapidly due to the occurrence of the symptoms of the Hemnaculous and paralysis during the work process; and (b) was diagnosed as “the emphical low-nuclear blood and cerebrovascular blood; and (c) received cerebrovascular treatment from the Seoul National University Hospital on the following day.

C. On January 20, 2014, the Plaintiff claimed for medical care benefits that his/her cerebral blood and high blood pressure constituted occupational accidents. However, on March 25, 2014, the Defendant rendered a disposition of non-approval for medical care on the ground that the proximate causal relationship between the Plaintiff’s cerebral blood and high blood pressure cannot be acknowledged between the Plaintiff’s cerebral blood and the work thereof.

(hereinafter referred to as “instant disposition”). [The grounds for recognition] Gap evidence 1, Eul evidence 1, 9, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion has been conducted with chronicly heavy tasks at the instant plant for about 22 years.

Although the workplace of this case implemented the five-day work system per week, in fact, it was always conducted the overtime work on Saturdays at all times, except on holidays and Saturdays, the average working hours per week exceeded 60 hours.

The plaintiff's cerebrovascular is caused by such occupational department, so it constitutes an occupational accident.

(b) Relevant statutes: Attached Form;

다. 사실의 인정 ⑴ 발병 전 근무의 내용과 시간 ㈎ 이 사건 사업장에서는 주 5일 40시간 근무제를 시행하였고, 정규 근무시간은 08:30부터 17:30까지였지만(1시간의 점심식사 시간 및 오전오후 각 10분간의 휴식 시간 포함), 평소 상시적으로 평일에는 21:00까지 3시간 연장근무를 실시하고 17:30부터 18:00까지...

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