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(영문) 울산지방법원 2015.03.26 2014구합1783
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 September 6, 2013, the Plaintiff was diagnosed by the “cerebral Color, etc. with the unknown fact” (hereinafter “the instant injury and disease”) as a result of the Plaintiff’s medical treatment, such as CRI photographing taken at C hospital at around 15:30, since it is difficult for the Plaintiff, while working in B around September 12, 2013 and performing health-related food service, he was suffering from the two knife and the two knife with the two knife with the two knife while performing his duties.

B. The Plaintiff filed an application for medical care with the Defendant on the ground that the instant injury and disease occurred due to the accumulation of overwork and stress accumulated during his/her ordinary duty.

C. However, on December 20, 2013, the Defendant rendered a disposition not to grant medical care (hereinafter “instant disposition”) to the Plaintiff on the ground that “the instant injury and disease is confirmed, but there is no proximate causal relation between the Plaintiff’s work and the accident” (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1-2 through 5, evidence 2-1 through 3, evidence 3, Eul evidence 5, the purport of whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff alleged that the plaintiff's assertion occurred as a contractual worker whose employment is unstable due to stress and accumulated excess due to the characteristics of the promotional duty. However, the plaintiff's physical immunity system function far away from the characteristics of the promotional duty. However, the plaintiff's response to the duty is continuously conducted by physical or mental power without the completion of the operation, resulting in extreme tension, overwork, and stress. In the end, the plaintiff suffered from stress. Accordingly, it is reasonable to view that the occurrence of the disease in this case exists a causal relationship with the plaintiff's duty, and therefore, the disposition in this case should be revoked in an unlawful manner.

B. 1) On November 5, 2012, the Plaintiff is the Plaintiff’s business content and form of work, etc., and the Plaintiff is deemed to be a “non-foreign company” with the Emond Korea Club U.S. Ethmond and the Montreal U.S. Ethmond.

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