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(영문) 서울행정법원 2018.08.29 2018구단61225
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 February 11, 2015, the Plaintiff had been working for the business site of Samsung Electrical Co., Ltd. (hereinafter “construction site”) with the direction of the representative director (hereinafter “business owner”) who was from September 1, 2016, who was working for the business site of Samsung Electrical Co., Ltd. (hereinafter “construction site”) at the construction site for the renovation and repair of the business site of Samsung Electrical Co., Ltd. (hereinafter “construction site”).

B. On September 28, 2016, at around 07:50, the Plaintiff was at the accommodation located in Young-gu, Suwon-si, Suwon-si (hereinafter “instant accommodation”) to work at the construction site after getting bicycles and going to work at the construction site, and was faced with an accident going beyond the crosswalks located outside the workplace of Samsung Electrical Co., Ltd. (hereinafter “instant accident”) and suffered the “influences on the left side of the front part.”

C. On March 12, 2018, one year and six months after the date of the instant accident, the Plaintiff applied for medical care benefits and temporary layoff benefits to the Defendant, but on April 17, 2018, the Defendant decided not to grant each of the above benefits on the ground that the instant accident cannot be deemed an occupational accident.

("Disposition of this case" in the above decision). 【Reason Nos. 1, 2, and 1 through 5 of the Evidence Nos. 1, 2, and 1 to 5 of the Grounds for Recognition, the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the accident of this case occurred while attending work site under the control and management of the business owner, and the accident of this case constitutes occupational accident.

(b) Entry in the attached Form of relevant statutes;

C. 1) The former Industrial Accident Compensation Insurance Act (amended by Act No. 14933, Oct. 24, 2017; hereinafter “former Industrial Accident Insurance Act”)

The term "occupational accident" in subparagraph 1 of Article 5 means an occupational accident which is based on an employment contract between an employee and an employer and which is in the course of performing the relevant work or engaging in ordinary activities incidental thereto under the control and management of the employer.

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