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(영문) 창원지방법원 2016.07.12 2016구단10153
요양불승인처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On October 4, 2015, at around 09:10 on October 4, 2015, the Plaintiff participated in the 4-time open franchiseing conference held in the Dongwon-gu, Jinwon-si's indoor sports center (hereinafter referred to as "instant competition") in the 4-time open franchiseing market nationwide (hereinafter referred to as "the instant competition"), and led to the occurrence of documentary evidence on the part of the Huri-ri, while continuing the Hari-gu competition.

(2) On January 7, 2016, the Plaintiff filed a medical care benefit application with the Defendant on January 7, 2016, alleging that the Defendant was suffering from the injury or disease of the conical signboard escape certificate No. 4-5, which was caused by the instant accident. On January 21, 2016, the Defendant rendered a disposition of non-approval of the Plaintiff’s application for medical care benefits on the ground that the instant accident does not constitute occupational accidents (hereinafter “instant disposition”).

[Ground of recognition] Class A Nos. 1, 2, 3, 12, 13, and 14, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion falls under the occupational accident of Article 30 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act, and thus, the instant disposition otherwise taken is unlawful.

(b) Article 37 of the Industrial Accident Compensation Insurance Act (Standards for Recognition of Occupational Accidents) (1) If a worker suffers an injury, disease or disability or dies due to any of the following reasons, it shall be deemed an occupational accident:

Provided, That this shall not apply where there is no proximate causal relationship between the business and accident.

1. An accident on duty:

(d) An accident that occurs in the course of holding an event or preparing an event in accordance with the direction of the business owner.

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