요양불승인처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff, as a Chinese citizen, worked as an employee of “Co., Ltd. B (hereinafter referred to as “Co., Ltd.”) without the status of sojourn eligible for employment in the Republic of Korea.”
B. At around 14:00 on October 13, 2015, the Plaintiff visited the Daegu Immigration Office’s control group to regulate illegal aliens, and the Plaintiff was diagnosed as an accident of vavadididi (hereinafter “instant accident”), and applied for medical care benefits to the Defendant for the instant accident of vadididi (hereinafter “the instant accident”).
C. On November 11, 2015, the Defendant rendered a disposition of non-approval for medical care (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s accident is not an occupational accident, because it does not constitute an occupational accident under the control and management of the business owner.
【Fact-finding without dispute over the ground for recognition, entry of evidence No. 1, and purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The mere fact that the plaintiff's act of escape had not actually been ordered by the employer is deemed to be a personal behavior of the plaintiff, disregarding the reality about the employment of illegal aliens. In fact, the employer's implied and implicit instruction about the escape or escape is presumed to be an act that is naturally consistent with the actual intent of such employer. Thus, the accident of this case is a disaster that occurs under the employer's control, and therefore, it constitutes an occupational accident.
B. (1) In order to be recognized as an occupational accident under Article 5 subparagraph 1 of the Industrial Accident Compensation Insurance Act, the accident in question must not only be an accident during the performance of duties, but also be a proximate causal relationship between the work and the accident.
Here, the term "performance of duties" means performance of duties.