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(영문) 서울행정법원 2019.02.15 2018구단71376
재요양불승인처분취소
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. The Plaintiff, while working as a child care teacher at B childcare center, was criticized by the Plaintiff on October 13, 2016 by being urged by his/her grandparents and mothers who were in charge of the Plaintiff’s abuse of and her child, and was subject to considerable mental stress in the course of responding to the Plaintiff’s abuse of and her child.

(hereinafter referred to as the “instant disaster”). B.

On October 14, 2016, the Plaintiff was diagnosed as “adaptation disorder” by C Hospital, and thereafter receive medical care from that time until February 20, 2017 (hospitalize from October 14, 2016 to November 27, 2016). On July 19, 2017, the Plaintiff was approved as an occupational accident by the Defendant.

C. Since then, around October 12, 2017, the Plaintiff was transferred to C Hospital in the state where food was displayed after having attempted to live for a reader, and received hospitalized treatment from October 12, 2017 to November 16, 2017, and applied for additional medical care to the Defendant on December 13, 2017.

However, on January 11, 2018, the Defendant issued a non-approval of the re-treatment (hereinafter “instant disposition”) to the Plaintiff on the ground that “The symptoms, such as yellow dust, which the Plaintiff complained of, had existed prior to the instant disaster, and considering the general progress of adaptation disorder, etc., it does not constitute the requirements for recognition of re-treatment because it is related to adaptation disorder and does not correspond to the requirements for recognition of re-treatment.”

E. The Plaintiff filed a request for review against this objection, but was dismissed.

[Reasons for Recognition] Unsatisfy, Gap evidence 2, 3, 6, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff alleged that the plaintiff suffered from the depression, depression, etc. before the disaster of this case, but continued to be treated as a hospital and a nursery teacher. However, the symptoms of this case have deteriorated rapidly due to the disaster of this case, and the symptoms still have not been shown. Thus, the symptoms of the plaintiff are now caused by the disaster of this case or adaptation disorder.

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