Plaintiff

Korea Labor Welfare Corporation

December 12, 2013

Gwangju District Court Decision 2013Gudan10116 Decided July 25, 2013

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Purport of claim

On November 2, 2012, the Defendant revoked the disposition of non-approval for medical care granted to the Plaintiff.

2. Purport of appeal

The same shall apply to the order.

1. Details of the disposition;

The court's explanation on this part is the same as the corresponding part of the judgment of the court of first instance. Thus, this part of the court's explanation is accepted in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Whether the disposition is lawful;

A. The plaintiff's assertion

The instant accident occurred during the conference of representatives of a trade union guaranteed by collective agreement as a constituent activity, and also falls under occupational accidents in the course of engaging in ordinary activities involving trade union affairs, such as prior notice by the trade union, the paid treatment of the participants, the provision of the company’s place and facilities. Therefore, the instant disposition based on a different premise is unlawful.

(b) Fact of recognition;

1) The Plaintiff is in charge of the regular executive members of the ○○ branch of the Trade Union (the office chief: the office chief of the education office) as a gold-free trade union.

2) On April 1, 2012, a collective agreement concluded with a gold-free trade company (hereinafter “company”) (hereinafter “instant collective agreement”) on April 1, 201, where gold-free trade unions belong (hereinafter “the instant collective agreement”) is stipulated as follows.

Article 8 (Guarantee of Cooperative Activities)

3. The Company shall recognize representatives of unions (this Article, branches), central members, audit committee members, and election management committee members as being paid at the time of attendance of meetings for representatives and for each meeting.

4. If a member recognized by the sub-chapters intends to participate in meetings, education, etc. supervised by unions (this Article, branches), and superior organizations, the sub-chapters shall notify the company in advance of the date, time, venue, and list of participants, and shall execute the meetings through labor-management consultation, and the company shall recognize it as a paid one, but the paid duplicate shall be recognized at the time

Article 9 (Activities of Associations during Working Hours)

1. Members' next activities of an association shall be recognized as working hours;

(b) Competitions for representatives (21 days for each period);

(c) The Standing Executive Committee (12 days per each term of office);

2. Partnership activities of representatives and standing members shall be conducted after consultation with the head of a department within four hours a month. When holidays are made on the part of representatives and standing members, leave shall be recognized as paid leave.

3. An association's activities may be performed even during its working hours;

Article 17 (Provision of Conveniences)

1. The Company shall approve the use of part of its branch offices and company facilities, and shall lend equipment, office equipment, and communication equipment.

2. The company shall actively cooperate when requesting the use of meetings, education, facilities and places for events to carry out legitimate business affairs of the partnership;

3) The subjects of the instant event are representatives and executive officers of the Standing Committee, and the agenda items are set forth below.

Items to be reported

1. Reporting on the progress of collective bargaining litigation in 2012;

2. Reporting on the election of the second representative;

The items to be discussed

1. Selection of negotiation members for collective bargaining in 2012;

2. A plan for activation of representative activities;

Other agenda items

Union Schedule

4) The instant event held a gold-free trade union to bear the expenses for the trade union, and the company provided the company’s facilities with the second floor room of the Gwangju Factory Welfare Complex.

5) On September 28, 2012, at the ○○○○ branch of the Geum-ho Trade Union, the company notified the Plaintiff et al. of a public demand to the executives of the trade union including the Plaintiff (or executive officers of the trade union), and the company dealt with the Plaintiff et al. on October 1, 2012, which was the day of the instant event.

6) On the day of the instant accident, the Plaintiff was faced with the Nonparty, who was an executive officer of the Standing Committee (the secretary general) and the Nonparty, who was a senior executive officer of the Standing Committee, to take up the instant accident in order to supplement related data among the agenda reported by the 2nd conference of the 2nd conference of the Gwangju Factory Welfare Complex on the date of the instant accident.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 3 through 6, the purport of the whole pleadings

C. Determination

1) For the purpose of Article 4 subparagraph 1 of the Industrial Accident Compensation Insurance Act, the term "occupational accident" means an accident caused by an employee's participation in an event or a meeting, other than a company that is not prescribed as an ordinary duty by a labor contract, under the control and management of the employer under the control and management of the employer (see, e.g., Supreme Court en banc Decision 2005Du12572, Sept. 28, 2007). In addition, in cases of an accident caused by an occupational accident while the employee participated in an event or meeting, other than those that are not prescribed as an obligation to engage in the trade by a labor contract, the overall process of the event or meeting must be under the control and management of the employer in light of social norms, such as the organizer, purpose, content, number of participants, method of operation, burden of expenses, etc. (see, e.g., Supreme Court Decision 2006Du19150, Mar. 29, 2007).

However, if the full-time officer is exempted from the original duties under a labor contract and the full-time officer of a trade union is approved by the company that is an employer, such full-time officer’s duties are not activities related to the labor organization that is irrelevant to the employer’s business or the labor union that are in conflict with the employer’s illegal trade union activities or the labor union activities that are in conflict with the employer due to the nature of the duties, and thus, the employer has a close relation with the original company’s labor management duties, and thus, the officer’s duties are directly deemed as the duties of the company. Therefore, the accidents caused by the full-time officer’s duties in the course of performing labor union affairs or ordinary activities incidental thereto constitute occupational accidents under Article 4 subparag. 1 of the Industrial Accident Compensation Insurance Act (see, e.g., Supreme Court Decisions 92Nu14502, Feb. 22, 1994; 2005Du1418, Mar. 29, 2007).

2) According to the above facts, the event of this case is defined as partnership activities in the collective agreement of this case and does not stipulate it as the business of the branch company. Although the company provided a conference room to the Hotaea Trade Union for the event of this case, it cannot be said that the process of the event is under the control or management of the employer, in light of the circumstances such as the organizer, purpose, content, cost burden, etc. of the event of this case, such as the Plaintiff et al.'s participation in the event of this case is not forced by the company.

3) In addition, according to the above facts, the collective agreement of this case provides that the company shall be deemed to have paid when a member participates in meetings, etc. supervised by the union (this Article and the branch), and that the company shall actively cooperate in the use of facilities and places for meetings. Since the plaintiff participated in the event of this case with official approval from the company, the plaintiff was deemed to have performed the trade union business upon the company's approval. However, the agenda item for the event of this case is a plan to promote collective bargaining litigation, to report the progress of collective bargaining, to elect representatives, to elect negotiating members, and to promote representative activities. This is not directly related to the company's labor management business, in light of the fact that the union's report on the pending issues of the trade union of this case, the organization of executives, and internal debate, even if the plaintiff is a public official, even if he is a paid leave, it is insufficient to recognize that the plaintiff, who is not an employee, participates in the event of this case, has a close relation to the company's labor management business to the extent that it

4) Therefore, since the instant accident cannot be deemed as an occupational accident, the instant disposition that the Plaintiff rejected the Plaintiff’s application for medical care is lawful.

3. Conclusion

Therefore, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is unfair with different conclusions. Thus, the defendant's appeal is accepted and the judgment of the court of first instance is revoked, and the plaintiff's claim is dismissed as per Disposition.

Judge Sick-Woo (Presiding Judge)