손해배상(산)
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. On August 1, 2015, the Plaintiff asserted that he/she was employed in the Defendant Company and worked in the Ulsan Factory Co., Ltd., Ltd., and that he/she is engaged in incidental work using PA by-products from November 1, 2015 to November 30, 2015.
On July 25, 2016, the Korea Labor Welfare Corporation filed an application for medical care benefits on the ground of industrial accidents in the order of the superior and the order.
However, D, the representative director of the defendant, responded to the purport that the insured's opinion containing the opinion on the application for medical care benefits in relation to the application for medical care benefits of the plaintiff does not recognize the plaintiff's accident, and submitted it to the Korea Labor Welfare Corporation by stating false facts, such as stating that the business performed by the plaintiff is not a burden on the shoulder, and did not reply to the plaintiff's anti-re
As a result, the Korea Workers' Compensation & Welfare Service rendered a disposition not to grant medical care on September 7, 2016.
After that, the plaintiff is dissatisfied with the disposition of the Korea Labor Welfare Corporation's rejection of medical care, and the defendant again affixed a seal on the application (the first claim) for industrial accident compensation insurance and temporary disability compensation benefits and sent a registered mail to the defendant without any justifiable reason.
Therefore, without any justifiable reason, the defendant is liable to pay damages to the plaintiff, since the defendant did not respond to the plaintiff's letter of claim for industrial accident compensation insurance, medical care benefits and temporary disability compensation benefits (the first claim) and did not respond to the request again.
2. We examine the judgment, and since the defendant's representative cannot be deemed to have a duty to respond to the plaintiff's content-certified mail or to seal the plaintiff's application form for industrial accident compensation insurance, medical care benefits and temporary disability compensation benefits, it cannot be deemed that the defendant's act constitutes a tort in relation to the plaintiff.
3. Conclusion.