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(영문) 서울행정법원 2017.02.10 2015구단4689

요양불승인처분취소

Text

1. Each of the plaintiffs' claims is dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Plaintiffs, as employees of C Co., Ltd. (hereinafter referred to as the “Non-Party Company”), were involved in a traffic accident during the course of getting off a passenger car (hereinafter referred to as the “instant accident”), and the Plaintiff A suffered injury of “deficial brain damage, ductal damage,” and the Plaintiff B filed an application for medical care benefits under the Industrial Accident Compensation Insurance Act with the Defendant, by suffering from the injury of “inficiental and other eutic disorder, the right-hand patrine disorder,” and by applying for the medical care benefits under the Industrial Accident Compensation Insurance Act.

B. On January 24, 2014, the Defendant: (a) deemed that the instant accident was not an occupational accident that occurred under the business owner’s control and management; and (b) rendered a disposition denying the Plaintiffs’ application (hereinafter the instant disposition).

[Ground of recognition] Facts without dispute, Gap (including a provisional number; hereinafter the same shall apply) through 3, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiffs' assertion that the accident of this case occurred after the plaintiffs' occupational awareness, which is caused by the business owner's control and management. Therefore, the disposition of this case which did not approve medical care benefits to the plaintiffs on different premise is unlawful.

B. Facts of recognition - The Plaintiffs were employees belonging to the non-party company, and were engaged in on-site work at the construction site located in the ASEAN.

- The D director of the non-party company visited the construction site on May 6, 2013, and met the head of the department E in the ordering site, and held a briefing session to promote the morale of the on-site workers (the first ceremony), and the participants were eight persons, such as D director, F Field Director, G Deputy Director, H Director, Plaintiffs, I, and J.

(D) The remaining seven persons except D are on-site workers, and all on-site workers were present at the meeting). The meeting cost was settled by the card of the non-party company.

- The first ceremony was terminated at around 20:30, followed by D, F, G, H, and E from around 21:0 to 22:30, the Plaintiffs, and I separately.