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(영문) 서울행정법원 2016.07.11 2015구단62791
요양급여부지급처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On June 23, 2015, at around 17:20 on June 23, 2015, the Plaintiff lost consciousness at the main room of B funeral hall, and received a diagnosis of “cerebral Bribery” (hereinafter “the instant injury and disease”), and filed an application for medical care benefits to the Defendant.

On October 6, 2015, the Defendant rendered a decision not to approve the said application on the ground that the instant injury and disease was not found to have a proximate causal relation with the Plaintiff’s work.

(hereinafter referred to as “instant disposition”). [Grounds for recognition] without dispute, Gap’s evidence Nos. 1-4, and the purport of the entire pleadings

2. Whether the disposition is lawful;

A. The Plaintiff asserted that the injury and disease in this case occurred as a combination of the following factors: (a) even though the Plaintiff suffered from the high blood pressure and the blood transfusion in the past frequently performed overtime work without sufficient rest; and (b) even if they suffered from such continuous excess work due to stress, the injury and disease in this case occurred in the poor working environment in the state of the Norurury weather; or (c) the above factors occur by accelerating the Plaintiff’s brain death certificate more than natural progress. Thus, the instant disposition is unlawful.

B. Examining the overall purport of the argument in light of the result of the examination of medical records entrusted to the Seoul Medical Center of this court, the Plaintiff: (a) was suffering from cardiopulmonary and color heart diseases on June 23, 2015 as dangerous factors at the time of the occurrence of cerebral typhism; and (b) was showing the opinion suggesting “blood response ceine ceine ceine ceine ceine ceine ceine ceine ceine ceine ceine ceine ceine ceine ceine ceine ceine ceine ceine ceine ceine ceine ceine ceine ceine; and (c) on October 15, 2013, the Plaintiff presented a critical opinion as a result of the health examination, which shows that the cardiopulmonary ceine ceine ceine ceine ceine ceine ceine ceine ceine ceine ceine ceine celeine ceine celeine.

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