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 judgment of the court of first instance cited the Plaintiff’s repeated assertion is as follows, except for adding the following judgments to the Plaintiff, and thus, it is consistent with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.
2. Determination on addition
A. The Plaintiff’s assertion that the injury and disease in the instant case occurred due to mental suffering and stress by spreading false facts that the club worker of the instant company “the Plaintiff is playing in Korea as a male in South Korea.” The Defendant, on the ground of the Plaintiff’s assertion that the Plaintiff was written under Article 10 of the Constitution, was not able to receive medical care, and thus, the disposition in the instant case should be revoked.
B. Determination 1) The term "occupational accident" under the Industrial Accident Compensation Insurance Act refers to an employee's injury, disease, physical disability, or death due to a occupational reason. In the event that an employee suffers from an accident by another person within his/her workplace, if there is a proximate causal link with his/her duties as a reality of human relations or duties inherent in or in danger accompanying the ordinary course of work, it shall be recognized as an occupational accident. However, if it is due to a private relationship between the perpetrator and the victim, or if the victim stimulates or induces the other party beyond the limit of his/her duties, it shall not be deemed as an occupational accident, and it shall not be deemed as an occupational accident (see, e.g., Supreme Court Decisions 94Nu8587, Jan. 24, 1995; 2008Da12408, Jul. 28, 2011). Thus, the cause of the occupational disease of this case asserted by the Plaintiff cannot be deemed as an occupational accident between the Plaintiff and the employee.
As such, the grounds for the occurrence of the Plaintiff’s assertion are asserted.