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(영문) 서울행정법원 2019.02.15 2017구단75234
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. On May 29, 2015, the Plaintiff: (a) performed the duties, such as selfly melting and smokeing, and (b) on May 29, 2015, the Plaintiff used a selfly pipeing and connecting work; and (c) was diagnosed as “cerebral cerebrovascular in which the sele is unknown” (hereinafter “the instant selfy”) and applied for medical care benefits to the Defendant.

B. However, on February 27, 2017, the Defendant rendered a disposition of refusal of medical care (hereinafter “instant disposition”) to the Plaintiff according to the C Committee’s determination that “the proximate causal relation between the instant branch and the Plaintiff’s business is not recognized” (hereinafter “instant disposition”).

C. On May 19, 2017, the Plaintiff filed a petition for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, which was dissatisfied with the instant disposition, but was dismissed on July 28, 2017.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff carried out an excessive work at the workplace where a serious noise was generated, and the Plaintiff forced to participate in the field-based games after completing work on Saturdays.

In addition, when the operation of machinery commences due to its nature, the high concentration and work tension are required due to the continuous work being conducted without interruption, and physical and mental burden is high.

In particular, the duties of roller are growing than 216 times (72 x 3 times) in order to move steel-type rolls of 10-30km over 3-6 hours, and physical and mental burden was significantly high to the plaintiff in charge of the body body.

In addition, the Plaintiff performed overtime work up to 23:00 on the day immediately before the outbreak of the injury of this case due to fraudulent breakdowns.

Therefore, the injury or disease in this case is caused by the plaintiff's excessive work and mental stress, or is caused by the rapid aggravation of the existing disease above the natural progress rate, on a different premise.

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