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(영문) 서울행정법원 2018.03.09 2017구단59577
요양불승인처분 취소 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 the disposition;

A. On January 29, 2016, while performing the duties of operating and maintaining concrete pumps, the Plaintiff, as an employee of the “C” located in Mineyang-si B, was diagnosed as having been working at the construction site located in Sejong-si on January 29, 2016, and was used for two copies and sacrifies (hereinafter “the instant disaster”). On February 25, 2016, the Plaintiff filed the first application for medical care benefits with the Defendant on February 25, 2016.

B. However, on August 22, 2016, the Defendant rendered a disposition of non-approval of medical care (hereinafter “instant disposition”) to the Plaintiff in accordance with the judgment of the Gwangju Occupational Disease Determination Committee to the effect that “this case’s injury or disease was caused by the natural aggravation of the existing individual’s personality, and it is difficult to recognize the relationship with his/her duties.”

C. The Plaintiff appealed and filed a petition for review to the Industrial Accident Compensation Insurance Reexamination Committee, but was dismissed on February 2, 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3 (including virtual number), Eul evidence No. 8, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff alleged that he had a negative high blood pressure symptoms, but continued to undergo pharmacologic treatment, and maintained a normal blood pressure state.

At the time of the occurrence of the injury or disease of this case, the work site at the Sejong Construction Site, where the Plaintiff had worked, increased the volume of concrete strings by increasing the volume of work, and the land was iced for a strong vibration and noise during the work, and accumulated as they were engaged in the maintenance of vehicles from the outdoor which was concealed after the removal of the work.

In particular, the Plaintiff performed an excessive duty of 50 hours in total for the four days immediately preceding the outbreak of the instant injury.

Therefore, while operating concrete pumps and maintaining vehicles, the Plaintiff suffered from excessive work and mental stress, which led to the previous high blood pressure.

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