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(영문) 울산지방법원 2014.08.28 2013구합2529
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 8, 2012, the Plaintiff became a member of the Loenna Co., Ltd. (hereinafter “NN”) and was engaged in the automatic selection of defective products. On March 4, 2013, the Plaintiff was sent back to the consent medical center as the body did not appear at around 07:30, and as a result, the Plaintiff was diagnosed as “brain color (hereinafter “the instant injury and disease”).

B. On May 8, 2013, the Plaintiff filed an application for medical care benefits for the instant injury and disease with the Defendant, but the Defendant rendered a disposition of non-approval for medical care (hereinafter “instant disposition”) on August 29, 2013 on the ground that there is no proximate causal relation between the instant injury and the Plaintiff’s work.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Since the injury and disease of this case occurred due to the Plaintiff’s excessive work and the incidental stress, there is a proximate causal relation between the Plaintiff’s work branch of this case and the Plaintiff’s work, and the instant disposition was unlawful on a different premise.

B. The Plaintiff entered Nonparty Company on September 8, 2012 and performed the automatic selection of defective products. Specifically, the Plaintiff entered and released the product and confirmed and inspected the product.

B) The Plaintiff’s form of work was 08:0 to 17:00 a day on a six-day basis. The Plaintiff’s form of work was 28:00 to 17:00 each day on a three-hour basis. On a three-hour basis, the Plaintiff was engaged in issuing an inspection report while engaging in an extended work for three hours during the first month period (from February 4, 2013 to March 3, 2013) of the outbreak of two months (from January 7, 2013 to February 3, 2013) prior to the outbreak of three months (from December 10 to January 6, 2013) on a three-month period prior to the outbreak (from December 10 to January 6, 2012) (the number of days during which the Plaintiff worked for three months between the immediately preceding sick disease and the number of days during which the Plaintiff worked for three months during the night period from 222222 to 25, 2013).

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