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(영문) 서울행정법원 2018.08.17 2016구단56984
요양승인처분 취소 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Details of the disposition;

A. The intervenor is a person who joined the plaintiff company on October 1, 2003 and works as a production worker.

B. On January 10, 2015, the Intervenor filed an application for medical care benefits with C Hospital for the instant injury and disease caused by stress during the performance of his/her duties to the Defendant on April 17, 2015.

C. Accordingly, on October 27, 2015, the Defendant issued a disposition of non-approval of medical care in accordance with the result of the review by the Seoul Occupational Disease Determination Committee. However, on March 2016, the Defendant issued a disposition of non-approval of medical care (hereinafter “instant disposition”) to the Intervenor on the ground that “It is reasonable to determine the proximate causal relation between the instant duties and the instant injury and disease,” on the ground that the Intervenor’s refusal of medical care was revoked on March 22, 2016 upon the Intervenor’s request for review, on the following grounds: (a) the Intervenor was found to have been exposed to mental stress as he continued to suffer from serious labor and management problems and changes in the working environment; and (b) the grounds to deem that the instant injury and disease occurred due to other causes unrelated to occupational stress; and (c) the symptoms complaining by the Intervenor are reasonable to determine the proximate causal relation between the duties and the instant injury and disease.” (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that labor disputes were commenced in 2011 and changes in the working environment therefrom are caused by unreasonable demand and long-term violence and illegal industrial actions by the labor union to which the Intervenor belongs, and thus, within the scope that does not affect the Plaintiff’s right to control and manage, and the Plaintiff provided psychological stress factors to the intervenors in relation to the work.

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