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(영문) 창원지방법원 2017.07.11 2016구단699
요양불승인처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On January 11, 2016, the Plaintiff was diagnosed as “cerebral Bribery” at C Hospital (hereinafter “the instant injury and disease”). The Plaintiff was diagnosed as a “cerebral Bribery” (hereinafter “the instant injury and disease”).

On January 14, 2016, the Plaintiff filed an application for medical care benefits for the instant injury and disease with the Defendant. On February 25, 2016, the Defendant rendered a disposition of non-approval of the Plaintiff’s application for medical care benefits (hereinafter “instant disposition”) on the grounds that proximate causal relation between the instant injury and the Plaintiff’s business was not recognized (hereinafter “instant disposition”).

【Reasons for Recognition】 Entry of Evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion is due to overwork and stress due to consecutive 24 hours of work, lack of water surface, etc., and thus, there is a proximate causal link between the Plaintiff’s work and the Plaintiff’s instant disposition otherwise deemed unlawful.

B. Fact-finding 1) around October 30, 2015, the Plaintiff, including the Plaintiff’s duties, joined A.S. A.M. and performed security duties at A.S. A. B. A. around 30, 2015. From 07:00 to 07:00 on the following day, the Plaintiff worked for 24 hours at least 24 hours and worked again for 24 hours (5 workers, including the Plaintiff, were on the average of 24 hours of work during the month when 5 employees, including the Plaintiff, worked as 12.

(2) The Plaintiff’s duty of guard was carried out by two persons as a group of employees, and during the day, the Plaintiff’s duty of guard room, such as the number of visitors and vehicle verification, and the weight measurement of the goods taken out, in turn, in the night, and the duty of guard was carried out once in the factory in shift while waiting in the guard room at night (the workers are separate from working hours from 19:30 to 23:00 or from 00 to 04:00 to 30 minutes away from the guard room.

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