logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2019.11.27 2019구단21140
장해급여부지급처분취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The defendant's main defense

A. On April 10, 2017, at around 13:50 on April 10, 2017, the Plaintiff received medical treatment after treating the fingers caused by an accident at the E Elementary School. After receiving a written diagnosis of a subsequent disability, the Plaintiff claimed disability benefits to the Defendant on June 24, 2019. However, on the ground that the Defendant refused payment on July 23, 2019, the Plaintiff filed the instant claim.

B. The defendant's refusal of payment cannot be deemed to be "disposition, etc." under Article 2 (1) 1 of the Administrative Litigation Act, and therefore, defense is not subject to administrative litigation.

2. Determination

(a) The term "administrative disposition", which is the object of an administrative litigation, means an act under public law, which an administrative agency, its affiliated agency, or a public organization, etc. delegated or entrusted with administrative authority under the Acts and subordinate statutes directly effects on matters related to specific rights and obligations of the people, such as ordering the establishment of rights or the burden of obligations pursuant to Acts and subordinate statutes, or directly giving rise to other legal effects. Even if such act directly affects matters related to specific rights and obligations of the people, it shall not be deemed an administrative disposition unless it is an act by an administrative agency, its affiliated agency, or

(See Supreme Court Decision 2005Du8269 Decided January 31, 2008, and Supreme Court Decision 2009Du12853 Decided December 24, 2009, etc.) B.

The defendant is a corporation established pursuant to Article 15 of the School Safety Accident Compensation Act in order to carry out the school safety mutual aid project conducted by the superintendent of an office of education, who is the executor of a City/Do mutual aid project for school safety accident compensation under Article 11 of the Act on the Prevention of and Compensation for School Safety Accidents (hereinafter referred to as the "School Safety Accident Compensation Act"). The defendant shall impose and collect the mutual aid premium for the mutual aid holders pursuant to Article 18 of the School Safety

arrow