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 September 1, 2013, the Plaintiff suffered an injury to “the instant injury” (hereinafter referred to as the “instant injury”) by an employee belonging to Young-gun C in Gangwon-do, which occurred around 03:00 on September 1, 2013 (hereinafter referred to as “instant traffic accident”). < Amended by Presidential Decree No. 20148, Sep. 1, 2013; Presidential Decree No. 20135, Feb. 2, 2014>
B. On August 11, 2014, the Plaintiff filed an application for medical care benefits against the Defendant, asserting that the instant traffic accident against the Defendant was an occupational accident that occurred while driving a vehicle owned by E in order to purchase goods using the following day according to the direction of E, which is the business owner of the D (hereinafter “instant workplace”). However, on the ground that “the instant traffic accident does not occur in the course of private activities, not in the course of performing duties under the employment contract with the business owner, but in the course of private activities, it does not constitute an occupational accident” (hereinafter “instant disposition”).
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 5 (including paper numbers), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion that the traffic accident of this case occurred on the way that he returned to the new wall according to E's instruction to prepare goods for customers who will arrive earlier than the next day, and thus, it constitutes an accident on duty that occurred while preparing for the work or performing necessary incidental acts incidental to the work.
(b) Attached Form of relevant statutes;
C. (1) The process of a worker’s while employed is that the worker’s act is the worker’s act of performing the worker’s original work or preparing or arranging the worker’s work, the physiological act which is deemed to be incidental to the worker’s social norms, or the rational and necessary act.