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(영문) 서울행정법원 2019.06.26 2017구단70406
최초요양불승인처분취소 청구
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 June 29, 2016, the Plaintiff, as an employee of B Co., Ltd. (hereinafter “instant workplace”), filed an application for medical care benefits for the instant injury and disease with the Defendant, asserting that the Plaintiff, at the dormitory of the instant workplace, worked at around 19:00, operated the said net hot water apparatus to show the shower, and that the accident, which sees the water essential (hereinafter “the instant accident”) was brought about to C hospital after the occurrence of the accident, was transferred to C and was diagnosed as “the blood transfusion in cerebrs and the ordinary scamconsissis (hereinafter “the instant accident”).

B. However, on December 20, 2016, the Defendant rendered a decision that the Plaintiff did not approve the Plaintiff’s application for medical care benefits (hereinafter “instant disposition”) based on the result of the judgment of the Committee for Determination of Occupational Disease (hereinafter “The instant disposition”) stating that “The instant injury and disease is confirmed according to relevant video medical data, but there is no special burden factor to the extent that the Plaintiff would cause the injury and disease in the instant case, and it is difficult to recognize a proximate causal relation with the Plaintiff’s ordinary duties, considering that the Plaintiff had performed his/her ordinary duties.”

C. The Plaintiff dissatisfied with the instant disposition and filed a petition for reexamination on March 23, 2017, but the petition for reexamination was dismissed on May 30, 2017.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 7, and 8, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion lies in printing letters, diagrams, etc. on the instant plant printed vinyl, etc. at the instant plant, and suffered overwork and stress in an inferior work environment, and further, electric shocks caused by the instant accident also became the cause of the outbreak of the instant injury.

Therefore, between the Plaintiff’s work and the instant accident and the instant injury and disease.

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