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(영문) 광주지방법원 2018.11.29 2017구단10893
요양불승인처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. On September 3, 2012, the Plaintiff entered a corporation B (hereinafter referred to as “Nonindicted Company”) and carried out the selective package work. On January 16, 2017, the Plaintiff completed the work, and completed the work and received diagnosis of cerebrovascular and cerebrovascular transfusion (hereinafter “the instant injury”) after being transmitted to a medical institution due to the occurrence of a 19:30 disorder to arrive at his own home.

B. The Plaintiff filed a claim with the Defendant for medical care benefits on April 27, 2017 that the instant injury or disease occurred due to an occupational accident, but the Defendant rendered the disposition of medical care benefits non-approval in accordance with the judgment of the Gwangju Occupational Disease Determination Committee.

C. On May 22, 2017, the Plaintiff filed a request for examination with the Industrial Accident Compensation Insurance Deliberation Committee, but the Industrial Accident Compensation Insurance Deliberation Committee dismissed the request on the same ground on August 23, 2017.

[Reasons for Recognition] Evidence Nos. 1 through 4, Evidence Nos. 1, 4, and 5, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff asserted that the Plaintiff had very low temperature due to the instant injury on the day of the outbreak of the injury, and the workplace, as it was not equipped with heating facilities, such as a hot wind, etc. to a large warehouse type of building, led to a serious progress, and the Plaintiff did not open to the two parts due to the characteristics of the mass wave cancellation and packing work and carried out a short time work, and accordingly, the instant injury was caused by the instant injury, and thus, constitutes an occupational accident.

B. Fact-finding 1) Working Conditions Date: Work hours on the part of the non-party company on September 3, 2012: 08: Work hours on the two-wave packing (on the part of a week), from 08:0 to 18:00 (17:00, from December to February of the same year) (17:00, since the time of the instant case is the same during the period from December to February of the same year): 10:0-15, from 12:00 to 13:00, from 15:00, from 12:00 to 13:00, from 15:00, from 15:00 to 15:00, from 15:00 to 15:15:15: The working period

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