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(영문) 대전고등법원 2021.01.28 2020누12283

요양불승인처분취소

Text

1. Revocation of the first instance judgment.

2. The Defendant’s non-approval disposition of medical care rendered to the Plaintiff on December 4, 2019 shall be revoked.

3...

Reasons

1. The grounds for this part of the disposition are as stated in the corresponding part of the judgment of the court of first instance, except for a partial modification as follows. Thus, this part of the reasoning is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

Part 2 of the 2nd parallel "I are proceeding beyond the median line while driving a taxi" means "I are faced with the boundary line on the right side of the road because I are unable to properly operate the taxi while driving the taxi, and I are facing the median line due to the shock."

Then, Article 37 of the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”) and Article 27 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act (hereinafter “Enforcement Decree of the Industrial Accident Compensation Insurance Act”) shall be added to “based on the grounds of conduct No. 8”.

Part 2. A’s “Chograph 2” added to Section 10’s conduct (founded grounds for recognition).

2. Whether the disposition is lawful;

A. Since the part of the Plaintiff’s assertion is identical to the corresponding part of the reasoning of the judgment of the court of first instance, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

(b) as shown in the attached Form of the relevant statutes;

(c)

1) Specific determination 1) Article 37(1)1(a) of the Industrial Accident Insurance Act provides that, if a worker suffers an injury, etc. due to an occupational accident (an accident that occurred in the course of performing duties under an employment contract or performing any act following such duties), it shall be deemed a occupational accident, but the same shall not apply in cases where the worker’s intentional self-injury or criminal act, or an injury, disease, disability, or death that occurred as a result of such act does not constitute an occupational accident.

In reference, with regard to Article 37(2) of the Industrial Accident Insurance Act, the Supreme Court "if a worker's criminal act has occurred and has died, etc." means: