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(영문) 서울행정법원 2018.09.06 2017구단78349
요양급여불승인처분취소
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. From January 1, 2010, the Plaintiff was found to have been employed in a toilet around 13:40 on July 8, 2015 while working in C (hereinafter “instant company”) that operates the printing and manufacturing business of commodities, paper cases, etc., and filed an application for medical care benefits with the Defendant upon the diagnosis of “cerebrovassis” (hereinafter “cerebrssis”).

B. On August 24, 2017, the Defendant rendered a non-approval of the application for medical care benefits (hereinafter “instant disposition”) to the Plaintiff on the ground that “There is no evidence of a sudden change in the work environment prior to the occurrence of the instant injury or of a short-term and chronic road, and thus, it is difficult to recognize a proximate causal relation between the instant injury branch.”

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The Plaintiff asserted that the work was changed to Thompson’s work process with a high physical strength for two months prior to the outbreak of the instant injury and that exceeded approximately 71 hours average per week, without sufficient rest in the rapid weather. As a result, the Plaintiff’s physical and mental skin accumulated.

The injury or disease of this case occurred due to the Plaintiff’s occupational negligence and stress as above.

The Defendant’s disposition of this case on the different premise is unlawful.

B. Fact-finding 1) The Plaintiff’s form of work is 6 days a week off a Saturday, and the working hours are from 9:00 to 18:00 (the first instance time is from 12:30 to 13:30).

B) The working hours calculated on the basis of the Plaintiff’s use of transportation cards are 51 hours and 52 minutes per week prior to the occurrence of the instant injury, average of 56 hours and 21 minutes per week prior to the occurrence of the instant injury, and average of 53 hours and 56 minutes per week prior to the occurrence of the instant injury (the Plaintiff is a restaurant on holidays of the president of the instant company).

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