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(영문) 서울행정법원 2020.09.09 2019구단73638
요양불승인처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On February 1, 2014, the Plaintiff was employed in B Co., Ltd. (hereinafter “instant place of business”) engaging in the business of manufacturing various cement products and was engaged in the business of operating ready-mixed trucks. On November 17, 2018, the Plaintiff applied the C Hospital emergency room, showing symptoms to the extent that it is difficult for the Plaintiff to drive the ready-mixed truck.

B. The Plaintiff was diagnosed as “cerebrovascular disease” at the D Hospital and applied for medical care benefits to the Defendant on June 17, 2019. However, on September 3, 2019, the Defendant: (a) “The Plaintiff served as a driver of ready-mixed truck as a male aged 63; (b) there was no sudden or rapid change in the situation or the business environment on the date of the instant injury; (c) during one week from the date of the injury, the average work hours per week during 39 hours and 34 minutes and 4 hours per week during 40 hours and 36 hours and 46 minutes per week; (d) the average work hours per week during 40 hours and 12 hours per week are not objectively confirmed to have been occupationally performed; and (e) the Defendant determined that there was no increase in work burden and that there was a relation between the Plaintiff’s disease and the Plaintiff’s disease’s injury and injury caused by the injury.”

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

2. Whether the instant disposition is lawful

A. The key point of the Plaintiff’s assertion was that the body burden and the skin were accumulated due to the Plaintiff’s duties such as the snowing of ready-mixed trucks, vehicle cleaning, long time operation, etc. while driving ready-mixed trucks for not less than 20 years.

It is necessary to determine whether the Plaintiff’s work hours conducted by the Defendant are occupational diseases of cerebrovascular disease or heart disease or cardioscular disease.

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