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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. (1) On September 16, 2015, the Plaintiff was receiving a diagnosis of “cerebrovascular or cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Spa,” and filed an application for first medical care benefits with the Plaintiff as an applicant’s disease while installing a road boundary stone around 16:00 on September 16, 2015.
On April 19, 2016, according to the decision of the Decision Committee on Determination of Occupational Diseases, the Defendant issued a medical care non-approval disposition (hereinafter “instant disposition”) against the Plaintiff on the ground that “The Defendant is confirmed as to an applicant’s disease under BT, but the special occupational burden (such as a sudden change of work environment, sudden increase in work volume, excessive increase in work volume, and stress, etc.) to the extent that it is likely to cause brain-related diseases is not confirmed, and as it appears to have performed the ordinary business, it is difficult to recognize a proximate causal relation with the ordinary business, and thus it is not recognized as an occupational disease under the Industrial Accident Compensation Insurance Act.”
Article 22(1) of the Civil Act provides that the defendant shall file a request for examination against the defendant on August 29, 2016.
【Fact-finding without dispute over the ground for recognition, Gap’s evidence 10, 14, 18, Eul’s evidence 14, 15, the purport of all pleadings
2. (i) The “occupational accident” under Article 5 subparag. 1 of the Industrial Accident Compensation Insurance Act refers to the injury, disease, disability or death of a worker caused by his/her occupational performance while performing his/her duties, and thus, there is a causal link between the occupational and the disaster.
In addition, the causal relationship is not necessarily required to be proved clearly by medical or natural science, but to be proved if it is presumed that there is a proximate causal relationship between work and disease, considering all the circumstances, and it is possible to work normally at ordinary times.