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(영문) 서울고등법원 2016.09.07 2015누51172
요양비부지급처분취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance citing this case is the same as the ground of the judgment of the court of first instance, except for adding the judgment as set forth in the following 2. 2. Thus, the court citing this in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of

2. Additional determination

A. The defendant's purport of the defendant's assertion is that the plaintiff's donation cannot be deemed to have occurred from occupational accidents, and that the plaintiff's symptoms do not fall under the pulmonary donation due to external wounds, and as long as it seems that the plaintiff could have been able to receive non-climatic treatment, the plaintiff's medical care costs incurred from inserting food warning type inserted in the Industrial Accident Compensation Insurance Act shall not be included in the beneficiary of medical care benefits under the Industrial Accident Compensation Insurance Act.

B. Determination 1) The Industrial Accident Compensation Insurance Act was established for the purpose of compensating workers for occupational accidents promptly and fairly through the industrial accident compensation insurance business, establishing and operating insurance facilities necessary to facilitate the rehabilitation of workers suffering from occupational accidents and their return to society, and contributing to the protection of workers by carrying out projects to prevent accidents and promote workers’ welfare. The Act provides for occupational accidents (Article 5 Subparag. 1). Article 40(1) provides that any injury, disease, disability or death of workers due to occupational causes shall be paid to workers who suffer from occupational injury or disease (Article 40(1)), and the criteria for calculating medical care benefits, such as the scope of medical care benefits or expenses, shall be determined by Ordinance of the Ministry of Employment and Labor (Article 40(5)). Meanwhile, the medical care benefits calculation standards (amended by the Ministry of Employment and Labor No. 2015-16, Mar. 31, 2014) shall be determined by Article 2 of the Act on the Standards for Medical Care Benefits for National Health Insurance.

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