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(영문) 서울고등법원 2015.09.11 2014나2048680
직무상요양승인신청부결처분취소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 3, 2013, while working as a technician of the C Hospital dental clinic’s dental clinic correction department (hereinafter “Correction Department”) operated by the school juristic person B, the Plaintiff was sent to an emergency room after being sent to the two copies and Gu soil symptoms while performing the duties of receiving patients and making a reservation at the counter for correction and outpatient receipt around 10:00.

B. On December 27, 2013, the Plaintiff filed an application for approval of medical care for official duties under the Private School Teachers and Staff Act (hereinafter “Private School Pension Act”) with the Defendant on the ground that the instant injury or disease was an occupational accident, and was under rehabilitation treatment, while receiving a diagnosis that it was a dynamic maler fever, brain-proponing blood transfusion, blood transfusion, and cerebrovassis (hereinafter “the instant injury or disease”).

C. On April 11, 2014, the Defendant: (a) on April 11, 2014, the instant injury and disease occurred as a part of duties.

A decision was made to reject the above application on the ground that the plaintiff's personal basic disease seems to have occurred due to the natural progress of military register.

【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1, 3, 6, and 15, and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The gist of the Plaintiff’s assertion was that, at the time of the instant injury and disease, two of the correction and five of the five of the employees belonging to the Plaintiff were employed by a low-level substitute personnel due to childbirth leave or childcare leave, and the Plaintiff’s work volume increased by at least 50% compared to that of the ordinary level due to the preparation for the international medical institution’s evaluation of the accreditation of C Hospital, the patient treatment management to be within the summer vacation period, etc.

Since the injury and disease in this case was caused by the above excessive work as a factor of inducing or promoting overwork and stress, the plaintiff has the right to seek reimbursement of medical care expenses against the defendant in accordance with the Private School Pension Act, and the defendant has this right.

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