최초요양급여불승인처분취소
1. The Defendant’s disposition of refusal to grant medical care to the Plaintiff on June 29, 2012 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. Details of the disposition;
A. A. Around 05:30 on February 9, 2012, the Plaintiff was on the part of the Plaintiff’s cargo vehicle C in the name of the Plaintiff (hereinafter “instant vehicle”) and was at the construction site of the D Child Care Center D in Yanan-si (hereinafter “instant construction”). A traffic accident (hereinafter “instant accident”), “the head of the Yan-dong Haan-dong Haan-dong Busan at a point of 341km in Busan (hereinafter “the instant construction”), “the instant accident”, “the head of the Yan-dong Haan-dong Haan-dong Gyeong-dong Gyeong-dong Gyeong-dong Gyeong-dong Gyeong-dong Gyeong-dong Gyeong-dong Gyeong-dong Gyeong-dong Gyeong, the upper right-hand knick, damage to the right-hand rupture, the right-hand rupture, the right-hand rupture, the right-hand rupture, the right-hand rupture, the number 1, 3, 4.”
B. On April 9, 2012, the Plaintiff applied for medical care benefits for the instant injury and disease to the Defendant, but the Defendant did not approve the instant accident on June 29, 2012 on the ground that it cannot be recognized as an occupational accident that occurred under the control and management of the business owner due to the occurrence of the instant accident during the attendance at work.
(hereinafter referred to as “instant disposition”). [Grounds for recognition] A, A, 5-1 through 9-3, B, 2, 3, and the purport of the entire pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was caused by the instant accident while attending work under the control and management of the employer as an employee of E company.
Therefore, the instant disposition taken on a different premise should be revoked as it is unlawful.
B. The name of the business operator of the company E in fact is the Plaintiff’s mother, but the actual business operator is G, the father of the Plaintiff.
The ordering person of the instant construction work is H, the contractor is I, and the E company was sub-subcontracted through J, the subcontractor. At the time of the instant accident, the Plaintiff was working at the construction site.