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(영문) 서울행정법원 2019.01.09 2018구단69762

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 November 12, 2015, the Plaintiff was an employee of C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), which is a collaborative company of B Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), and the Plaintiff was under the supervision of Dmp. Emp., Ltd. (hereinafter “Nonindicted Co., Ltd.”), and applied for a traffic accident involving the Plaintiff’s shocking the Plaintiff at the bottom of Amp. G Apartment-si, Busan Metropolitan City (hereinafter “instant accident”), where the Plaintiff was under the supervision of Dmp., a bus going to a F bus, a bus going to the lower at the bus stop in the vicinity of Dmp. Emp., and moved to a provincial bus stop in the vicinity of his residence, around 19:18, when he was under the supervision of Dmp., the Plaintiff applied for a traffic accident involving the Plaintiff’s shocking the Plaintiff (hereinafter “the instant accident”).

B. On June 15, 2017, the Defendant rendered a decision not to approve the Plaintiff’s application for medical care benefits (hereinafter “instant disposition”) on the ground that “The instant accident is not an accident that occurred while the employer provided or could be deemed to have provided, but where the choice of the means and route for commuting to and from work is reserved to the Plaintiff, it cannot be deemed that the process of commuting to and from work is under the control of the employer.”

C. The Plaintiff filed a petition for review against the instant disposition, but the petition for review was dismissed on November 21, 2017, and the petition for review was filed again, but the petition for review was dismissed on June 7, 2018.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1, 2, 4, and 6 (including branch numbers, if any) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's summary of the plaintiff's assertion was under the control and management of the non-party company, the business owner, and the accident of this case occurred in the course of such retirement. Thus, the accident of this case is the accident of this case.