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. On October 2, 2013, the Plaintiff entered China as a short-term tourer, and was working as a moldist (hereinafter “criminal”) for the Defendant Company, a subcontractor at the site of redevelopment 1-2, a subcontractor at the site of redevelopment 1-2 (hereinafter “Treatment Construction”).
B. On November 4, 2013, the Plaintiff: (a) boarded an elevator for food transport on the second floor of a restaurant in the above site after having been on board at the Immigration Office from the control of illegal employment foreigners on November 12:00; (b) was diagnosed as “the instant accident” due to the death of the sloping and sloping and sloping (hereinafter “instant accident”); and (c) applied for medical care benefits to the Defendant.
C. On February 7, 2014, the Defendant rendered a disposition not to grant medical care (hereinafter “instant disposition”) against the Plaintiff on the ground that “the Plaintiff’s disaster, regardless of its duties, shall not be deemed an accident that occurred due to business reasons under the control and management of the business owner due to an accident that occurred after boarding an elevator for food transport to avoid crackdown on illegal aliens, irrespective of its duties.”
[Ground of recognition] Each entry in Gap evidence Nos. 1, 4, 5, 6, Eul evidence Nos. 1 and 2 (including paper numbers), and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion that the instant accident occurred under the control and management of the business owner, and that is caused by the defect of the reduction device of the elevator, which is a facility provided by the business owner, and thus, the Defendant’s disposition based on the different premise is unlawful even though it constitutes occupational accident.
B. For the purpose of recognition as a disaster due to an occupational reason under Article 5 subparagraph 1 of the Industrial Accident Compensation Insurance Act, the disaster in question must be an accident during the performance of duties as well as an accident arising from work and accident.