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학술논문대한안전경영과학회지2010.06 발행

업무상 뇌심혈관질환 관련 행정소송을 수행한 판례 분석

An Analysis of Cases over which Administrative Litigation was made regarding Cerebral and Cardiovascular Diseases due to Occupational Cases

최순영(송곡대학 보건의료정보과); 임화영(근로복지공단)

12권 2호, 35~40쪽

초록

This study collected 217 cases of court ruling statements for the cases over which administrative litigations were made regarding the acknowledgment of cerebral and cardiovascular diseases arising out of duty against Korea Labor Welfare Corporation and analyzed the factors of occurrence of cerebral hemorrhage and infarction and the Court cases of cancelation and dismissal of the litigation. As a result, due to seasonal factors, cerebral hemorrhage occurred more in the winter while cerebral infarction, in spring. The incidences for each age group were the higest in people in their 40s for cerebral hemorrhage while in those in their 50s for cerebral infarction, it turned that the incidence inside the places of business was the highest. The average days from application for care and family benefits until the confirmation of the case was 31 months on average for 34 canceled cases while 23 months for 183 dismissed ones, and the average number of months working until the occurrence of accident was 80.8 months for the 34 canceled cases while 77.6 for the 183 dismissed ones. This study has a significance in that it analyzed leading cases of confirmed administrative litigations in some cases applied for diseases due to occupational cases after the occurrence of cerebral and cardiovascular diseases but not approved, through which it is expected to be used as the basic data to reduce time and economic loss generated by the litigations to judge the acknowledgment of diseases due to occupational cases.

Abstract

This study collected 217 cases of court ruling statements for the cases over which administrative litigations were made regarding the acknowledgment of cerebral and cardiovascular diseases arising out of duty against Korea Labor Welfare Corporation and analyzed the factors of occurrence of cerebral hemorrhage and infarction and the Court cases of cancelation and dismissal of the litigation. As a result, due to seasonal factors, cerebral hemorrhage occurred more in the winter while cerebral infarction, in spring. The incidences for each age group were the higest in people in their 40s for cerebral hemorrhage while in those in their 50s for cerebral infarction, it turned that the incidence inside the places of business was the highest. The average days from application for care and family benefits until the confirmation of the case was 31 months on average for 34 canceled cases while 23 months for 183 dismissed ones, and the average number of months working until the occurrence of accident was 80.8 months for the 34 canceled cases while 77.6 for the 183 dismissed ones. This study has a significance in that it analyzed leading cases of confirmed administrative litigations in some cases applied for diseases due to occupational cases after the occurrence of cerebral and cardiovascular diseases but not approved, through which it is expected to be used as the basic data to reduce time and economic loss generated by the litigations to judge the acknowledgment of diseases due to occupational cases.

발행기관:
대한안전경영과학회
분류:
안전공학

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업무상 뇌심혈관질환 관련 행정소송을 수행한 판례 분석 | 대한안전경영과학회지 2010 | AskLaw | 애스크로 AI