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(영문) 서울행정법원 2015.05.20 2014구단1720
최초요양급여불승인처분취소
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 May 2, 2012, when the Plaintiff was employed by the Korean Standard Institute and worked as a business consultant, the Plaintiff was suffering from marine on the right body of the Plaintiff while working outside mountain around June 19, 2012. At around 17:00, she was used in the Gu soil at the house at around 17:00, and was transferred to B by the 119 first aid unit, and was diagnosed by cerebrovassis and the right marine (hereinafter “the disease of this case”).

B. On November 27, 2012, the Plaintiff filed an application with the Defendant for medical care benefits for the instant injury and disease, but the Defendant rejected the application on December 26, 2012 on the ground that proximate causal relation with the instant injury and disease is not recognized.

C. The Plaintiff filed a request for review with the Defendant on May 14, 2013, but was dismissed on May 14, 201, and the Industrial Accident Compensation Insurance Reexamination Committee filed a request for reexamination, but was dismissed on October 4, 2013.

[Ground for recognition] Facts without dispute, Gap evidence 2 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence 1 to 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On June 18, 2012, the day before the Plaintiff became a member of the company, the Plaintiff’s assertion began immediately after the company became a member of the company, and the number of companies were excessively accumulated in the course of telephone or visiting counseling, and the company in charge took legal action against the Plaintiff on June 18, 2012, which was the day before the occurrence of the disease in the instant case due to excessive stress and stress.

Therefore, since the injury and disease of this case has a proximate causal relation with the business, the defendant's disposition of this case is unlawful.

B. On May 2, 2012, the Plaintiff entered the Korea Standards Institute Co., Ltd., and worked for 50 days a week prior to the occurrence of the instant injury, including the duties of the Plaintiff in charge of the recognition 1, and worked for 5 days a week. Regular work hours are 08:00 to 18:000 a day, and recess hours are 12:0 to 13:00 a day.

The plaintiff is working as a business consultant, and the foreign standards of small and medium enterprises are required.

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