요양승인처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff subcontracted the environmental improvement project to Daho Construction Co., Ltd., and A, on February 26, 2015, was employed as a worker of Daho Construction Co., Ltd. and performed cleaning work at the site of the environmental improvement project.
B. At around 12:30 on February 26, 2015, A was involved in an accident of cutting down bucks in a kacker knife on the floor, which took place after sitting down on the floor, and then sent to the hospital by the 119 first-aid vehicle, and was diagnosed by the left-hand knife knife and the left-hand knife.
C. A filed an application for medical care to the Defendant on June 29, 2015, and the Defendant recognized the instant accident as an occupational accident and issued a disposition of approval for medical care.
(hereinafter “instant disposition”) D.
The Plaintiff appealed against the instant disposition and filed a request for review with the Board of Audit and Inspection, but was dismissed on March 21, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 6, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion that the work performed on February 26, 2015 is to clean Gemanium, vinyl, paper paper, etc. in the field of the work, and there is no need to do so in the course of performing his/her duties. Therefore, it cannot be deemed that he/she carried it on his/her duty.
Therefore, the instant accident is an occupational accident that occurred due to erroneous management of kackers possessed for private purposes unrelated to A’s duties, and cannot be seen as an occupational accident.
Nevertheless, it is illegal that the Defendant recognized the instant accident as an occupational accident and issued a medical care approval to A is illegal.
(b) Article 37 of the Industrial Accident Compensation Insurance Act (Standards for Recognition of Occupational Accidents) (1) If a worker suffers an injury, disease or disability or dies due to any of the following causes, it shall be deemed an occupational accident:
However, there is no proximate causal relationship between the business and the accident.