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(영문) 서울행정법원 2018.04.04 2017구단76459
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. On May 2, 2016, the Plaintiff is an employee of B Co., Ltd. (hereinafter “B”), who was engaged in mechanical checkup, etc. at the mechanical room of the C building. On May 2, 2016, the Plaintiff transferred two copies of work on duty at night 19:00, to a medical institution for transportation, inter alia, and diagnosed “pulphosome transfusion by post-transport, connection, and so on by blood ties, and applied for medical care benefits for the instant injury and disease to the Defendant on May 27, 2016.

B. On August 29, 2016, the Defendant did not objectively verify the following: “On the part of the Plaintiff, the number of work hours or work hours within one week prior to the outbreak does not have to have been increased by at least 30% compared to the daily work. The average work hours per week during four weeks prior to the outbreak do not exceed 34 hours and 30 minutes, and the average work hours per week during 12 weeks prior to the outbreak do not exceed chronic road standards (4 hours and 60 hours per 12 weeks) and continuously incur excessive physical or mental burden for at least three months prior to the outbreak, and on the part of the Plaintiff, the work hours are at night without having to bear the burden of night work, but the work hours are not chronic and at night, and there is no proximate causal relation between the instant disposition and the result of the deliberation by the Determination Committee on Medical Treatment (hereinafter “the result of the deliberation by the Determination Committee on Medical Treatment”).

C. The Plaintiff, who is dissatisfied with the request, filed a request for examination and a request for reexamination, but dismissed respectively.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 3-1, Eul evidence 1-1-2, Eul evidence 1-2, the purport of the whole pleadings

2. This.

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