요양불승인처분취소
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. The reasoning of the court's explanation of this case is as stated in the reasoning of the judgment of the first instance, except for the addition of the judgment as to the plaintiff's assertion again in the trial under Paragraph 2, and therefore, it is consistent with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. The Plaintiff’s assertion was in a state of being controlled or managed by the business owner. During such a process, the Plaintiff was in a state of interference with the normal operation or judgment ability of the Plaintiff so that it was the main cause, and the instant accident was caused. Thus, the instant accident constitutes occupational accidents.
B. Determination 1) In the event that an employee was involved in an event or a meeting other than a company that is not provided for as an ordinary duty under a labor contract and is subject to an occupational accident, the overall process of the event or meeting must be in the state of being controlled or managed by the employer in light of the circumstances such as the organizer, purpose, content, number of participants, forcedness, method of operation, burden of expenses, etc. of the event or meeting, and the employee must not deviate from the usual course of the event or meeting (see Supreme Court Decision 2007Du6717, Nov. 15, 2007). In addition, it constitutes occupational accident as provided in the Industrial Accident Compensation Insurance Act where an injury, disease, or disability occurs or is dead, and proximate causal relation between the accident and the accident is acknowledged, in view of the circumstances such as the event or meeting’s organizer, purpose, content, number of participants, method of operation, burden of expenses, etc.
However, whether there is a proximate causal relation between work and excessive drinking, or not the business owner makes recommendations or makes actual compulsion of drinking.