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(영문) 광주지방법원 2017.06.15 2016구단12120
요양불승인처분취소 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. On May 1, 2015, the Plaintiff was an employee affiliated with B (hereinafter “Nonindicted Company”) and went through a business trip to the said place to measure the installation space in the light view of the installation of DD safety launch plate in the non-party company on December 4, 2015. On December 5, 2015, the Plaintiff complained of two copies from the invasion on December 5, 201, and was diagnosed as brain dysia (hereinafter “the instant injury”). At around 15:00 on the same day, the Plaintiff was diagnosed as the brain dysia (hereinafter “the instant injury”).

B. On March 4, 2016, the Plaintiff filed an application for medical care benefits by asserting that the instant injury or disease was caused due to occupational malpractice and stress, and the Defendant issued a non-approval disposition on April 25, 2016 on the ground that there was no proximate causal relation between the work and the instant injury or disease.

(hereinafter referred to as “instant disposition”). C.

The Plaintiff appealed and filed a petition for adjudication with the Industrial Accident Compensation Insurance Review Board, but the petition was dismissed on August 26, 2016, and the original written judgment was served on the Plaintiff on September 20, 2016.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 3 (including family numbers), Gap's 8, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that he/she mainly performed automobile manufacturing equipment, machinery, and steel structure construction works at D factories located in equisi and luminous cities. On ordinary day, the Plaintiff worked at the construction site of Nonparty Company, Nonparty E, and F president. The average of 60 hours per week during the 16th day before the instant injury and disease occurred, the total of 51 hours per week before the instant injury and disease (from November 28, 2015 to December 4, 2015), the two weeks before the instant injury and disease occurred (from November 21, 2015 to November 27, 2015), the total of 15 weeks before the instant injury and disease occurred (from November 21, 2015), 56 hours per week during the two weeks period before the instant injury and disease occurred (from November 27, 2015 to November 27, 2015), the total of 3 weeks before the outbreak of the instant injury and disease and 15th week during the 15th month.

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