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(영문) 대구고등법원 2019.01.18 2017누7895
미지급보험급여부지급처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of this court concerning the instant case cited in the judgment of the court of first instance is as stated in the part of the judgment of the court of first instance, except for the Plaintiff’s addition of a new judgment on the following arguments emphasized or newly introduced by this court. Thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Additional determination

A. The gist of the Plaintiff’s assertion is as follows: (a) the injury of the instant case was caused by physical burden due to changes in the work environment, such as the diversity 110°150°C of the Deceased’s diversity diversity diversity diversity diversity diversity diversity diversity diversity diversity diversity diversity diversity diversity diversity diversity diversity diversity diversity diversity diversity diversity diversity dives, and occupational stress

Therefore, the instant disposition is unlawful.

① The parts related to the instant case among “matters necessary to determine whether to recognize an occupational disease of brain-dead or heart disease or cardiopulmonary framed disease” which was amended by the Ministry of Employment and Labor No. 2017-117 on December 29, 2017 and came into effect from January 1, 2018 are as follows:

Ⅰ. Matters necessary to determine whether to recognize an occupational disease with respect to cerebrovascular diseases or heart diseases or cardioscular diseases;

1. A cerebrovascular disease or heart disease;

(c) "Where he/she has caused a serious physical or mental burden, which may significantly affect the normal function of cerebrovascular or cardioscular as a chronic heavy work following the volume, time, strength, responsibility, change in business environment, etc. of the business" in subparagraph 1 (a) 3 of attached Table 3 of the Decree means the state in which objectively identified business factors are recognized as having continuously caused an excessive physical or mental burden for at least three months before the outbreak;

(b)in this case.

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