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(영문) 서울행정법원 2018.07.11 2018구단57936

요양불승인처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On December 16, 2016, the Plaintiff was diagnosed as “the instant injury” (hereinafter “the instant injury”) due to an accident that was moving D from D’s home to a wheel chairs from the toilet transition (hereinafter “instant accident”) and was diagnosed as “the pressured body pressured d, humphal d, humphal dume, hume, hume, humcon, and hume humcon hume h (hereinafter “the instant injury”). On December 26, 2016, the Plaintiff filed an application for approval of the medical care on December 26, 2016.

B. On January 31, 2017, the Defendant: “In the course of investigating the situation of a disaster, the Plaintiff was employed at the instant workplace from 09:30 to 13:30; the Plaintiff was confirmed to have concluded a labor contract by providing medical care assistance to E (C’s husband) from 14:30 to 18:30; and the Plaintiff is asserting that at 21:10, while working as a caregiver for moving 24 hours, the Plaintiff suffered an accident. The working hours with the Plaintiff’s medical care institution are the same as the above labor contract, and the remainder of working hours are confirmed to have been provided by a private contract with the subject of medical care. Accordingly, the Plaintiff asserted that the accident occurred during the course of performing his/her duties, but it is difficult to recognize the occupational accident that occurred while performing duties under a private contract.”

C. The Plaintiff appealed and filed a request for review and reexamination, but each dismissed.

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

2. Whether the instant disposition is lawful

A. The disposition of this case, which rejected medical care for the injury and disease of this case for the following reasons, is unlawful.

1 Form B between the Plaintiff and B shall be from 09:30 to 13:30 each day, one of D or E, and the remainder from 14:0 to 18:00 each day.