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(영문) 서울행정법원 2021.02.05 2019구단64306
요양불승인처분취소
Text

1. On January 10, 2019, the Defendant’s non-approval disposition for medical care rendered to the Plaintiff pertaining to “cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Spa

Reasons

1. Details of the disposition;

A. From August 17, 1998, the Plaintiff served as a general management director of Company B (hereinafter “Non-Party Company”) engaging in re-service, manufacture and sale of subsidiary materials for clothes, export and import business, etc., and performed overall control over the development, business, production, quality control, purchase business, etc. of the non-party company.

B. On April 10, 2014, at around 18:30, the Plaintiff was performing a preparatory campaign at the Eitrate Center located in Gangdong-gu Seoul Metropolitan Government (hereinafter “the Eitrate Center”), and was sent to D hospitals after being called “the blood pressure from cerebral typhism and scarcity unknown” (hereinafter “the instant injury and disease”).

(c)

On October 31, 2014, the Plaintiff filed an application with the Defendant for medical care benefits for the instant injury, but the Defendant did not confirm any special burden factors to the extent that the instant injury was caused by cerebrovascular disease, and high blood pressure is difficult to recognize a substantial causal relationship between the injury and the duty of the Plaintiff due to an individual existing disease.

On May 13, 2015, according to the result of the determination by the Committee for Determination of Occupational Diseases, “Around May 13, 2015, the Plaintiff made a non-approval disposition for medical care (hereinafter “previous disposition”). As to the Plaintiff’s request for examination, the Defendant dismissed the Plaintiff’s request for examination on October 20, 2015.

(d)

On June 4, 2018, the Plaintiff filed an application for medical care benefits for the instant injury and disease again with the Defendant, and the Defendant does not confirm the short-term occupational path and chronic path to the degree of the outbreak of the injury and disease in connection with the relevant duties at the time of the outbreak, stress due to unexpected and difficult circumstances or changes in the business environment and changes in the business environment are not objectively verified, and in addition, it is difficult to recognize a relationship with the applicant and the considerable amount of injury and disease when comprehensively taking into account the following: (a) the Plaintiff applied for medical care benefits for the instant injury and disease; (b)

“The Determination Committee of Minor Diseases” shall have the result of its determination by the Committee.

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