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(영문) 서울남부지방법원 2014.11.18 2014가합107377
직무상요양승인신청부결처분취소
Text

1. Medical care expenses under the Act on the Pension for Private School Teachers and Staff in relation to the upper branches incurred by the Plaintiff on June 3, 2013.

Reasons

1. Basic facts

A. On September 1, 1994, the Plaintiff was employed as an assistant to the nursing department B to the school juristic person, and from March 1, 2009, the Plaintiff served as a technician in the C Hospital dental clinic correction division (hereinafter “Correction division”) operated by the said juristic person.

B. On June 3, 2013, at around 10:00, the Plaintiff: (a) was engaged in the receipt and reservation of patients at the correction and outpatient reception counter; and (b) was sent to an emergency room after the diagnosis. As a result, the Plaintiff confirmed the occurrence of the ties of the connection with the dynamics of the electric traffic movement (the same connection between the two sides of the anti-cerebrs, and the sub-brain connection with the upper half of the upper half of the upper half of the upper half of the upper half of the upper half of the upper half of the upper half of the upper half of the upper half of the year.

원고는 이로 인한 출혈 후 수두증(水頭症) 및 뇌혈관 연축 등의 후유장해(이하 위 동맥류 파열 및 뇌지주막하출혈과 함께 일괄하여 ‘이 사건 상병’이라 한다)로 현재까지 재활치료 및 경과관찰 중이다.

C. The Plaintiff asserted that the instant injury and disease was caused by the correction division’s duties, and applied for approval of medical care in accordance with the Pension for Private School Teachers and Staff Act to the Defendant, but the Defendant rejected the instant injury and disease on April 11, 2014 on the ground that it cannot be deemed that it was due to an excessive performance of duties.

[Ground of recognition] Facts without dispute, entry of Gap 1, 3, 6, 15, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff did not have any specific disease other than the Plaintiff’s high blood pressure. Since six months prior to the instant injury, the work of the relevant department members, etc. was significantly increased due to the leave of absence, etc. of the relevant department members, which led to the occurrence of the instant injury due to overwork and stress.

Therefore, the instant injury and disease is a disease or injury caused by the duties of private school teachers and staff, and the Plaintiff is entitled to seek the payment of occupational health care expenses under the Pension for Private School Teachers and Staff Act. Therefore, the Plaintiff seeks confirmation from the Defendant disputing this.

(b).

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