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(영문) 부산지방법원 2015.06.17 2014구단308
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 15, 2010, while the Plaintiff was employed as a production worker in the Cheongdong River Co., Ltd. (hereinafter “Nonindicted Company”), the Plaintiff was diagnosed as “cerebral epidemia” (hereinafter “the instant injury and disease”). On November 29, 2012, around 09:40, after being employed as a production worker in the workplace of the non-party company, the Plaintiff was transferred from the workplace of the non-party company to the same medical source, and was transferred to the same medical source.

B. On August 23, 2013, the Plaintiff asserted that the instant injury and disease constituted occupational disease, and filed a claim for medical care benefits. However, on December 6, 2013, the Defendant rendered a disposition of non-approval for medical care on the ground that proximate causal relation cannot be acknowledged between the Plaintiff’s work branch and the instant injury and injury and injury.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence No. 1, Eul evidence No. 1, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was 60.5 hours per week average working hours of 08:00 to 20:00 per day, with the exception of holiday, summer leave, holiday, and Sundays every 2,3 weeks off every month after becoming a member of the non-party company. However, around the outbreak date of the instant injury, the relationship stressed with which other consent work quantities should have been treated preferentially.

As seen above, the Plaintiff had suffered physical and mental burden by performing his/her duties with excessive chronicly, and had increased stress due to the volume and processing of other agreed work hours and bad stress. The Plaintiff’s injury or disease in this case was caused by such occupational exaggeration or stress, and thus constitutes an occupational disease.

Therefore, the defendant's disposition of this case on a different premise is unlawful.

나. 인정사실 ⑴ 발병 전 근무의 내용과 시간 ㈎ 소외 회사는 주야 2교대 근무를 하였는데, 원고는 소외 회사 입사 이후 이 사건 상병 발병일까지 주간근무만 하였다.

The regular working hours of day duty shall be from 08:00 to 17.

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