2. The costs of lawsuit shall be borne by the Plaintiff.

A. The Plaintiff is a person who has worked as a soil-general management director at the construction site of Brazil D, which is performed by Co., Ltd. (hereinafter referred to as Nonparty Co., Ltd.) located in Northern-gu B at the port of one’s port.

On July 19, 2015, the Plaintiff was injured by both sides of the instant accident, combined elbows, and gals, etc., due to the accidents that come beyond the balance and fall into the first floor of the first floor due to the arrival of a new wall staff member's business trip on July 19, 2015 at the front house of the second floor, going beyond the balcony of the living room in the front room in the middle floor and going to the front room in the middle floor of the second floor (the instant accident in the following: hereinafter the instant accident).

B. The Plaintiff filed an application for medical care with the Defendant on December 16, 2015, and the Defendant rendered a decision not to grant medical care on the ground that it is difficult to recognize the act beyond the balcony as an act unnecessary to the business owner’s instructions or use of accommodation, and that it is difficult to view it as an accident due to a defect in the facilities provided by the business owner or an accident due to the business owner’s neglect of management (the instant disposition is subject to the following disposition).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2, purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. An occupational accident as stipulated under Article 37 of the Industrial Accident Compensation Insurance Act by the Plaintiff refers to an accident that occurred while an employee is performing duties under a labor contract or acts incidental thereto, or an accident that happens due to a defect in facilities, etc. or negligence in management while using facilities, etc. provided by the employer. On July 22, 2015, the Plaintiff’s act of going back to a dormitory and taking rest after completing a business trip on the new wall constitutes an act of preparation for attendance at the company on the following day, and constitutes an act closely related to the business. The non-party company did not take any measures to prepare for the loss of keys of a dormitory or the entrance and exit failure, and must comply with such measures at the time of entering the dormitory.