요양불승인처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the court’s explanation concerning this case is as follows, and the reasoning of the judgment of the court of first instance (excluding the part on the judgment of the court of first instance) is the same as that of the part on the grounds of the judgment of the court of first instance (excluding the part on the judgment of the court of first instance). Thus, this is cited as it is in accordance with Article
2. Additional determination
A. Article 5 Subparag. 8 of the Industrial Accident Compensation Insurance Act (Definition) amended by Act No. 14933, Oct. 24, 2017; hereinafter the same shall be defined as follows.
8. The term "work to and from work" means a movement between a residence and a place of employment or movement to a place of employment formed at a single place of employment in connection with employment;
Article 37 (Standards for Recognition of Occupational Accidents) (1) If a worker suffers an injury, disease or disability, or dies due to any of the following causes, it shall be deemed an occupational accident:
Provided, That this shall not apply where there is no proximate causal relationship between his/her duties and accidents.
3. Accidents on commuting;
(a) Any accident resulting from commuting to or from work under the control and management of the business owner, such as the use of the means of transportation provided by the business owner or any similar means of transportation
(b) Other accidents from or in the course of commuting to and from the workplace due to the ordinary route and method. (3) accidents from or in the course of commuting to and from the workplace among the accidents referred to in paragraph (1) 3 (b) shall not be deemed accidents from or in the course of departure or suspension and accidents from the workplace;
Provided, That where departure or suspension is necessary for daily life and there is a reason prescribed by Presidential Decree, it shall be deemed to be commuting accidents.
(4) If commuting to and from work is prescribed by Presidential Decree as an occupation from which the route and method of commuting are not fixed, the accident from work under paragraph (1) 3 (b) shall not apply.
(hereinafter referred to as "legal provision after amendment") aims to correct the unconstitutional situation.