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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 30, 2006, A (hereinafter referred to as “the deceased”) joined the CAutonomous Management Committee and served as an apartment security guard. On September 15, 2014, A (hereinafter referred to as “the deceased”) was discovered to be in a state of no consciousness in a room at around 10:30 after leaving his house around 06:00, and was diagnosed as “the cerebrovascular (hereinafter referred to as “the instant injury”).
B. On October 7, 2014, the Deceased applied for medical care benefits for the instant injury and disease to the Defendant. However, on October 29, 2014, the Defendant incurred the instant injury and disease to the Deceased in relation to his/her duties.
The reason was that it was judged that it was caused by natural aggravation such as age increase, rather than by age increase.
C. The Deceased filed a request for review with the Industrial Accident Compensation Insurance Reexamination Committee, but was dismissed on January 15, 2015.
After the filing of the instant lawsuit, the Deceased died on October 29, 2015, and at the time of the death, B, the wife of the Deceased, took over the instant lawsuit.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4, and 9 evidence (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that the deceased worked for 24 hours as apartment security guards for 8 years, and that the work and stress were accumulated as a result of the rapid increase in the work of door-to-door, etc. during the period of the drilling. As such, the disease of this case rapidly aggravated above the outbreak or natural progress, the disease of this case constitutes an occupational accident.
B. On September 30, 2006, the work in charge of recognition 1, the deceased, and working hours, were employed by the CAutonomous Management Committee and served as apartment security guards.
From 06:00 to 06:00 the following day, the Deceased worked as a shooting-day. From 12:00 to 13:00, 12:00, 18:00 to 19:30, 18:00 to 19:30, 24:00 to 05:00 of the following day.
The Deceased is an apartment.