최초요양급여불승인처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. D, on September 24, 2016, operated “C Co., Ltd.” on the first floor of the ground of the building B (hereinafter “instant building”), G, Gyeongnam Development-gun, entrusted the said C Co., Ltd. D with the instant C Co., Ltd. construction (hereinafter “the instant construction”).
The plaintiff with intellectual disability 3 was a worker of the non-party company at the construction site of this case.
B. On December 18, 2016, the Plaintiff entered the substation located on the second floor of the instant building (hereinafter “instant accident”), and filed an application for medical care benefits with the Defendant, by suffering from an accident that happens due to the emulsion (hereinafter “the instant accident”), such as an external blood, external blood, external cerebral blood, the left-hand pelke, 3-4-4-10% of the electric image on both sides, the left-hand upper part of the upper upper part, the upper part of the upper part, the upper part of the upper part, and the cutting of the upper part of the right-hand part.
However, on April 3, 2017, the Defendant rendered a disposition not to grant medical care (hereinafter “instant disposition”) to the Plaintiff on the ground that “the instant accident does not constitute an occupational accident under the Industrial Accident Compensation Insurance Act.”
【Fact-finding without a dispute over the basis of recognition, Gap evidence 1, 2, Eul evidence 1, 2, and 3, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In light of the fact that the Plaintiff asserted that the scope of the Plaintiff’s business had not been limited to the first floor of the instant building, such as putting garbage on the second floor of the instant building under the direction of C Cowna’s business owner D, etc. during the construction period of the instant construction, and the entrance door of the substation room located on the second floor of the instant building was installed for the electrical construction on the date of the instant accident, etc., the Plaintiff went to the transformation room located on the second floor of the instant building for cleaning, and the instant accident should be deemed as an occupational accident under the Industrial Accident Compensation Insurance Act.
Therefore, this is issued on different premise.