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(영문) 인천지방법원 2014.09.16 2012구단1157
요양불승인처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. At around 16:00 on March 31, 2010, the Plaintiff: (a) was used on the first floor of Hyundai Scoco Factory Co., Ltd. (hereinafter “instant business site”); (b) was diagnosed as having cerebrovascular blood (hereinafter “instant injury”); and (c) filed an application for medical care benefits for the instant injury and disease with the Defendant on August 19, 201.

B. On September 26, 2011, the Defendant rejected the Plaintiff’s application for medical care benefits on the ground that there was no sudden change in the working environment prior to the outbreak, and it is difficult to recognize it as an occupational disease because it is difficult to view that there was a short-term or chronic occupational or stress.

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

On March 5, 2012, the plaintiff filed a request for review to the Industrial Accident Compensation Insurance Reexamination Committee, but it was dismissed on March 5, 2012.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4

2. Whether the disposition is lawful;

A. The plaintiff asserted that the disease of this case occurred since December 2009, which was before the few months of the disease of this case, due to the accumulation of overwork and stress due to overtime work and stowing work, etc., from around December 2009, and on March 2010, due to the bad work environment of low temperature, which opened the factory at night and work in a very cold period of time and heavy snow, due to the rapid aggravation of high blood pressure, which is the plaintiff's existing disease, rapidly aggravated above natural progress, and thus the causal relation between the work of this case is recognized.

(b) as shown in the attached Form of the relevant statutes;

C. (1) The term "occupational accident" as used in the Industrial Accident Compensation Insurance Act means any injury, disease, disability or death of an employee which is caused by an occupational reason.

Any disease or occupational injury caused by handling or being exposed to any physical person, chemical substance, dust, pathogen, work imposing a burden on his/her body, or any other factor that may cause harm to his/her health while performing his/her duties, and others.

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