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(영문) 서울행정법원 2016.10.27 2016구단585

요양불승인처분취소

Text

1. On February 4, 2015, the Defendant revoked the disposition of non-approval for medical care granted to the Plaintiff.

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

Reasons

1. Details of the disposition;

A. From August 4, 2012, the Plaintiff was a person working as a credit card delivery engineer at Gangnam International Information and Communications Co., Ltd. (hereinafter, Nonparty Company) from Gangnam International Information and Communications Co., Ltd., and around December 17:20, 2014, the Plaintiff filed an application for medical care benefits with the Defendant on January 22, 2015 due to an accident that takes place on the part of the Korean bank located in Dongjak-gu Seoul Metropolitan Government (hereinafter, the instant accident is written in the following) and the outer part and the structural part of the instant accident (hereinafter, the instant accident is written in the following).

B. On February 4, 2015, the Defendant rendered a disposition not to grant medical care (the instant disposition in the following below) on the ground that the instant accident occurred in the course of the Plaintiff’s completion of his duties and then the instant accident occurred in the private sphere.

[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. At the time of the Plaintiff’s assertion, the Plaintiff completed the delivery of the human-frequency card at C Apartment, and then started the delivery. The Plaintiff was a length of drinking the delivery. However, at the time of the instant accident, the Plaintiff did not deliver the remaining card on the wind, which was eventually completed, and only 17 cards to be delivered at the time were remaining at the time of the instant accident. As such, at the time of the instant accident, the Plaintiff was in a state where duties were not completed.

Nevertheless, the instant disposition taken on the ground that the instant accident occurred in the private sphere is unlawful.

(b) Article 37 (Occupational Accident) (1) of the Industrial Accident Compensation Insurance Act shall be deemed an occupational accident, if a worker suffers an injury, disease or disability or dies due to any of the following reasons:

Provided, That this shall not apply where there is no proximate causal relationship between the business and accident.

1. An accident on duty:

(a) Any accident that happens while he/she performs a duty under an employment contract or any other act incidental thereto;

(b) Facilities provided by the business owner;