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(영문) 대전지방법원 2016.11.24 2015구단245

요양불승인처분취소

Text

1. On April 29, 2014, the Defendant’s disposition of non-approval for oriental medical care is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On April 5, 2014, the Plaintiff: (a) provided labor at a cafeteria with the trade name “D” (hereinafter “instant place of business”); (b) around 02:00, which is operated by the Defendant’s Intervenor, the Plaintiff was suffering from a disaster that, on April 5, 2014, cleaning the machinery used by breaking the instant place of business and breaking the machinery in his/her place of business; and (c) caused the damage to the machinery by breaking the machinery.

B. On April 18, 2014, the Plaintiff filed an application for medical care benefits with the Defendant on the ground that the instant accident occurred, namely, “the multiple dysium (2, 3, 4, and 5 resin), the right-hand 3, 3, and 4 won dysium.”

C. On April 29, 2014, the Defendant confirmed the details of the Plaintiff’s work on the day of the accident and the fact of the accident. However, on the ground that the instant workplace falls under a workplace with less than one regular person and is determined to be excluded from the application, the Defendant issued a disposition not to grant medical care (hereinafter “instant disposition”).

The Plaintiff filed a petition for review on September 16, 2014, but was dismissed on September 16, 201, and the petition for review was filed again, but was dismissed on December 4, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 6, 7, Eul evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The Plaintiff’s assertion falls under a workplace where one or more regular workers worked, and thus, the Defendant’s disposition based on a different premise is unlawful.

3. Article 2-2 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act, which determines the legality of the instant disposition, shall be calculated by dividing the number of workers employed for 14 days from the date the worker was first employed after commencing the business by 14.

In such cases, if the number of workers at ordinary times is less than one, it shall be calculated by dividing the total number of workers employed for 14 days in the 14th order from the date of the first employment of workers by 14.

The business whose number of regular workers calculated as above is at least one person shall be one person for the first time.