요양승인처분취소 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. B (hereinafter “disaster workers”) was a worker employed in the Plaintiff’s workplace for three days from October 24 to 26, 2018.
Disaster workers were diagnosed and treated by the hospital as “the salt pansium of the head of the Sindles (hereinafter “the instant wound”). On November 7, 2018, they applied for medical care benefits to the Defendant on the ground of occupational accidents on the ground that the occupational accidents occurred.
B. The Defendant rendered a disposition of approval for medical care on February 7, 2019 (hereinafter “instant disposition”) with respect to the application for medical care benefits by a worker suffering from a disaster according to a medical opinion that “the applicant’s disease is confirmed in light of the circumstances of the accident and the medical records, and the causal relationship with the accident is recognized.”
The defendant notified the plaintiff as an industrial accident compensation insurance policyholder on the same day.
【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 1 and 2, and the purport of the whole pleadings
2. Attached Form of the relevant Acts and subordinate statutes;
3. Determination on this safety defense
A. The other party to the instant disposition does not directly relate to the Plaintiff, who is the business owner who is a disaster worker, but cannot be deemed as an administrative disposition that directly imposes an obligation on the Plaintiff or causes a legal effect that restricts the rights.
Therefore, it is difficult to deem that the Plaintiff has a legal interest to seek revocation of the instant disposition.
B. In order to seek cancellation or change of an illegal administrative disposition, a person whose right to file an administrative lawsuit against the agency is infringed shall be the direct counter-party to the disposition. However, the business owner who is the policyholder is affected by the insurance premium decision under the Industrial Accident Compensation Insurance Act, and thus, the legitimacy of the decision shall be disputed.