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(영문) 인천지방법원 2016.07.12 2015구단50556
요양불승인처분취소
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 November 4, 2009, when the Plaintiff was employed by a Gangnam Transport Co., Ltd. and operated a bus in the city B on February 11, 2014 while running the bus at around 11:40, the Plaintiff was diagnosed as follows: (a) on the part of the emergency department of the Acheon-ro Hospital, that “it is difficult for the Plaintiff to use the bus at the left end of the Gangseo-ro paralysis, and other cerebral typhical typhrosis, typhical typhrosis, and other typhical and verbal lacking (hereinafter “the instant injury”). (b) on April 2, 2014, the Plaintiff applied for medical care benefits to the Defendant.

B. On August 26, 2014, the Defendant rendered a disposition to grant medical care non-approval (hereinafter “the instant disposition”) in accordance with the Determination of the Occupational Disease Review Committee, which is not relevant to the Plaintiff’s work due to the aftermathy of “other brain”, pursuant to the Determination of the Occupational Disease Review Committee, the Defendant’s “other brain death” among the instant wound is determined as a chronic sturgical disease, and it is difficult to determine that it was caused by work because it is not judged to the extent that it is difficult to cope with stress during operation (e.g., stress caused by a breakdown or concern of an accident).

C. Accordingly, the Plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee via a request for examination against the Defendant, but was dismissed on January 30, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2, 10 (including branch numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff worked as a new wall team at average of 68.5 hours per week average of 57.5 hours and 75.5 hours per week average of 75.5 hours per week, etc. The plaintiff worked as a new wall team, and the injury of this case due to cumulative excessive work or stress caused by accidents and breakdowns, long-time work, shift work, work environment, etc. multiple times.

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