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(영문) 서울행정법원 2013.11.28 2011구단25466
요양불승인처분취소
Text

1. The Defendant’s disposition of refusal to grant medical care to the Plaintiff on September 17, 2010 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On December 19, 191, the Plaintiff became a member of Dongmsan Co., Ltd. (hereinafter “Dongmsan”) and applied for medical care approval to the Defendant, asserting that there was serious depression without any mental symptoms due to stress, which was caused by failing to adapt to the new company environment, while he was in charge of the Domsan work on January 2, 2009, the Plaintiff was transferred to Pyeongtaek-si factory in Incheonan District, and was in charge of the Domsan work. The Plaintiff applied for medical care approval to the Defendant based on the result of the deliberation by the Committee for Determination of Medical Care, which is a job-related injury, and that there is a high probability that there is considerable proximate causal relation with the work in the past.

hereinafter referred to as "disposition of this case"

(C) The Plaintiff filed a petition for review against the instant disposition, but was dismissed on February 2, 201. The Plaintiff filed a petition for review with the Industrial Accident Compensation Review Committee on June 28, 201, but filed the instant lawsuit on October 12, 201 upon receipt of the dismissal ruling on October 28, 2011. [The Plaintiff’s grounds for recognition are as follows: (a) the Plaintiff did not dispute; (b) the entry in the evidence Nos. 1, 2, 3, 1, 2, 3, 4, 5, and the purport of the entire pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that he was exposed to hazardous chemicals and gave excessive labor exceeding statutory working hours, resulting in the injury and disease in the instant case, and thus, proximate causal relation is acknowledged between the duties and the injury and disease in the instant case.

Therefore, the instant disposition taken on a different premise is unlawful.

B. 1) On December 19, 191, the Plaintiff entered the Dong-dongsan, and promoted from the member on January 2, 2004 to the head of Dong-dong, and on January 2, 2009, the Plaintiff was working in the State factory on January 2, 2009.

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