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(영문) 서울행정법원 2014.07.17 2013구단22287
요양급여불승인처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

A. On February 18, 2013, the Plaintiff joined Company B and served as the head of the production department.

On June 17, 2013, around 08:20, the Plaintiff transferred the horses to a hospital due to symptoms, such as the division of horses, while on the schedule of work. Since then, the Plaintiff was diagnosed as “cerebral Bribery of the unknown brain” (hereinafter “the instant injury”).

B. On July 24, 2013, the Plaintiff asserted an occupational accident to the Defendant and applied for the approval of the medical care. However, on August 28, 2013, the Defendant rendered a disposition of non-approval of the Plaintiff’s application (hereinafter “instant disposition”) on the ground that it is difficult to recognize an occupational relationship due to the natural progress of an existing individual disease for which it is difficult to recognize an occupational relationship due to the absence of over-the-job and stress on the part of the work ability and work content prior to the outbreak of the disease, although it is confirmed that there was a partial increase in the work volume prior to the outbreak of the disease’s occupational ability and work content, but it is difficult to acknowledge a proximate causal relation with the work of the instant medical branch.

[Ground of recognition] Unsatisfy, entry of Gap 1, 2, and 14 evidence, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was exposed to overwork and stress, such as the Plaintiff’s entry into the company around February 18, 2013, with a large amount of work in the middle of May, and a large amount of work in June.

On June 12, 2013, immediately before the outbreak, an unfavorable appraisal was caused by the severe string of workers who did not comply with the direction of overtime work, leading up to the outbreak of the instant injury and stress.

Although the plaintiff has a high blood pressure, the plaintiff was fully able to prevent the mergers caused by high blood pressure, such as adequate blood pressure control.

The instant injury was caused due to the accumulation of such occupational or stress accumulated, or the existing disease rapidly aggravated above the natural progress speed, thereby causing the instant injury.

Therefore, the instant disposition based on a different premise is taken.

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