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(영문) 서울행정법원 2017.02.03 2016구단52944
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 3, 2014, the Plaintiff, who was affiliated with ScK and worked as a sales employee at Hart B (hereinafter “instant workplace”), was used to work at the instant workplace and was sent to the hospital on November 3, 2014, and was diagnosed as “brecimeral emeral emeral emerculation, emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral emer

B. On July 10, 2015, the Defendant issued a medical care non-approval disposition (hereinafter “instant disposition”) according to the result of the deliberation by the Occupational Disease Determination Committee, that “it is difficult to recognize a proximate causal relation with the work branch on the ground that it is difficult to determine that there is no unexpected or sudden change in the work environment prior to the occurrence, and there is no overwork or stress to the extent that the injury or disease is not verified, and thus, it is difficult to recognize a proximate causal relation with the work branch” (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 8, Eul evidence Nos. 1 through 3 (including provisional number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the place of business of this case was in charge of customer response and sales, and was urged by the sales manager to achieve the target of sales on the day from the sales manager, and continued to conduct the business in a state with no separate break time except for the point time, and led to chronic tasks due to excessive work.

It is reasonable to view that the Plaintiff’s injury or disease caused by occupational and stress, or that the overwork and stress have aggravated the Plaintiff’s existing disease beyond the natural proceeding speed, thereby resulting in the injury or disease of this case. Therefore, proximate causal relation between the work and the injury or disease of this case is recognized.

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