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(영문) 서울행정법원 2016.10.17 2016구단56168
요양불승인처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On October 28, 2014, the Plaintiff filed an application for medical care benefits with the Defendant on June 26, 2015, after complaining for two copies in P.M. on October 28, 2014, to the employees of the SCB Bank (hereinafter “Company”), and being diagnosed as “cerebral Indeption transfusion” (hereinafter “the instant injury”).

On December 4, 2015, the Defendant rendered a decision not to accept the instant application against the Plaintiff on the ground that the instant injury and disease is not recognized as an occupational disease.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s evidence 1, Eul’s evidence 1, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff asserted that: (a) the Plaintiff was subject to internal audit on the business store for the 3-day immediately preceding the occurrence of the disaster; (b) the working hours during the 1-day week prior to the occurrence of the disaster increased by at least 30% above ordinary hours; (c) the volume of duties sharply increased by at least 30% due to the mitigation of the regulation on real estate loan, which took effect from August 1, 2014, which was three months prior to the occurrence of the disaster; (d) received a recommendation for improvement to the personnel department at the lowest level for the six-month period prior to the occurrence of the disaster; and (e) received stress, such as receiving stress, from the same message that the voluntary retirement will take place again

The instant disposition is unlawful as it constitutes occupational accidents.

B. The term “occupational accident” under Article 5 subparag. 1 of the Industrial Accident Compensation Insurance Act refers to the injury, disease, physical disability, or death of an employee who was caused by his/her duties during the performance of his/her duties. As such, there should be causation between the duties and the occurrence of the accident, and the causal relationship must be attested by the party

Even if the overwork or stress in modern medical science can generally cause the outbreak or aggravation of a disease, not only is related to the work but also the factors belonging to the private sector.

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