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(영문) 서울행정법원 2015.09.18 2015구단1567
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 April 28, 1995, the Plaintiff (B) joined the Sungsung Enterprise Co., Ltd. (hereinafter “Nonindicted Company”) and worked as a production worker in the Asan Factory.

B. On March 2, 2014, the Plaintiff: (a) had been engaged in a preparatory campaign at a stadium to rescue bed; and (b) had been diagnosed as “understanding cerebral cerebral Macroscopic malkymosis” (hereinafter “instant injury and disease”); and (c) filed an application for medical care benefits with the Defendant on June 17, 2014.

C. On November 12, 2014, the Defendant rendered a disposition not to approve the Plaintiff’s application (hereinafter “instant disposition”) on the ground that the Plaintiff’s application was “it is deemed that the instant injury and disease occurred due to the Plaintiff’s outbreak of serious brain ties, which are low-income diseases, and thus, there is no proximate causal relation with the instant injury and the instant injury and disease” (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 5, 7, 8, Eul evidence No. 1 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion did not have any existing disease and family capacity that may cause cerebrovascular disease. The Plaintiff experienced heavy stress in the process of labor-management decentralization with the Nonparty Company, and caused the instant injury to the instant accident, which occurred in the workplace that caused noise and high-tension for about 20 years.

Therefore, even though the injury and disease of this case constitute occupational accidents, the defendant's disposition of this case which rejected the plaintiff's application is unlawful.

나. 인정사실 ⑴ 근무환경 및 업무내용 등 ㈎ 원고는 1995. 4. 28. 소외 회사에 입사하여 생산직 근로자로 캠샤프트 조립과 검사 업무를 담당하면서 주간 근무에는 칠러를 선별하고 투입하는 작업을, 야간 근무에는 설비에 이상이 발생하면 보수를 지원하는 작업을...

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