요양급여및유족급여부지급처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasoning for the court’s explanation concerning this case is as stated in the part of the reasons for the judgment of the first instance except for adding the following two to the end of the item of “d. judgment” in Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act. As such, the reasoning for the court’s explanation concerning this case is as it is in accordance with Article 8(2)
2. The Plaintiff asserts that the part of the reasoning of the judgment of the first instance is to be added at the end of the “judgment” item under Article 2(2) of the part of the judgment, and that “the act of leaving or leaving office is closely related to the work and is determined by the reasonable method and route for leaving or leaving office based on the work place and time determined by the business owner, and thus, if leaving or leaving office based on a reasonable method and route, it shall be deemed that the act is under the control and management of the business owner, and the accident that occurred during the period of leaving or leaving office constitutes occupational accidents.”
In the case of a public official, Article 25 of the Public Officials Pension Act provides that “The payment of short-term benefits shall be made for a disease, injury, or accident caused by official duties,” and Article 14 of the Enforcement Rule of the Public Officials Pension Act provides that “If a public official is injured or died due to a traffic accident, a fall accident, or other accident that occurs while he/she goes on or leaves work in the normal route and in the normal ways, or is in the workplace or due to a death or injury caused during his/her duty, it shall be deemed to be an injury or death caused by official duties.” Thus, if
In contrast to this, Article 5 subparag. 1 and Article 37(1)1(c) of the Industrial Accident Compensation Insurance Act and Article 29 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act for ordinary workers mean that an accident occurred while the worker is commuting to and from work, the accident occurred while the employer uses the means of transportation or other means of transportation deemed to have been provided for commuting.