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(영문) 서울행정법원 2015.10.28 2015구단54257
요양불승인처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On April 1, 2012, the Plaintiff entered into an employment contract with the Incheon Water Distribution Transport Co., Ltd. (hereinafter “instant company”) and served as an urban bus driver.

B. On June 15, 2013, the Plaintiff participated in the World Cup B (hereinafter referred to as the “instant Games”) as a stable player.

C. On May 20, 2014, the Plaintiff filed an application for medical care with the Defendant on the ground that he/she participated in the instant Games under the control of the instant company, and met the left side of the other player, and filed an application for medical care with the Defendant, claiming that he/she participated in the instant Games, and met the left side of the other player’s attitude.

On June 30, 2014, the Defendant rendered a disposition of non-approval for medical care on the ground that the Plaintiff did not instruct the Plaintiff to participate in the instant competition or did not approve in advance, and that there was no other evidence that the Plaintiff’s injury or disease was caused by an occupational accident.

E. The Plaintiff dissatisfied with the instant disposition and filed a request for review to the Defendant, but was dismissed on October 1, 2014.

F. Accordingly, the Plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but was dismissed on January 22, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2 and 7, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff participated in the instant games as a representative player of the instant company, and suffered an injury from the other players during the games, resulting in the Plaintiff’s wound, and subsequently aggravated and aggravated, caused the Plaintiff’s wound to undergo a tree operation. The Plaintiff’s wound was caused by an occupational accident.

Nevertheless, the disposition of this case which rejected the Plaintiff’s application for medical care by deeming that the Plaintiff’s injury or disease suffered in the instant competition is not an occupational accident is unlawful.

(b) The terms used in this Act under the Industrial Accident Compensation Insurance Act shall be defined as follows:

1. The term "occupational accident" means an occupational accident;

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