(영문) 서울행정법원 2019.12.12.선고 2019구합62482 판결

1. The disposition that the Defendant rendered to the Plaintiff on February 25, 2019 on the bereaved family’s benefits and funeral site expenses shall be revoked.

2. The costs of lawsuit are assessed against the defendant.

Purport of claim

The order is as set forth in the text.

Reasons

1. Details of the disposition;

가 . 망 유■■ ( 1934 . * * . * * . 생 남자 , 이하 ' 망인 ' 이라 한다 ) 은 주식회사 ◆◆◆에서

On June 8, 1992 while serving, injury or disease, such as Eulphane addiction, al.e., Eulpha, Eulpha, Eulpha, etc., is an occupational accident.

로 인정되어 그 무렵부터 구리시 ▲▲로 * * 에 있는 병원에서 입원 및 통원치료

A person who was receiving medical care is the deceased's spouse.

나 . 망인은 2018 . 12 . 7 . 16 : 18경 주거지인 구리시 ▲▲로 * * 번길 * * * 근처의 구리시

△△dong** -* * The head on the ground while going beyond the leashing a motorcycle on the front road.

를 부딪쳤고 ( 이하 ' 이 사건 사고 ' 라 한다 ) , 같은 날 16 : 38경 구리시 ▶▶로 * * * 에 있는

In spite of being transferred to ○○ Hospital at a university, a medical treatment shall be provided, but on December 28, 2018: A direct master at around 10:10 persons.

'Madne pressure and training paralysis' were dead.

C. On January 14, 2019, the Plaintiff: (a) the Defendant, on the grounds that he/she was addicted to the normal carbon poisoning addiction, etc.; (b) the Deceased’s death was a flat sense.

Inasmuch as this is not good, this case's accident should be recognized as an occupational accident

Although the Defendant claimed reimbursement of satisfaction and funeral expenses, the deceased died on February 25, 2019 due to a traffic accident.

As such, it is deemed as an accident during medical treatment under Article 32 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act.

It is difficult to recognize the proximate causal relationship between Eulphane addiction and death, which is the injury or disease recognized as industrial accident.

A disposition that does not pay survivors' benefits and funeral expenses on the ground that it is difficult to do so (hereinafter referred to as "the instant disposition").

Sector has made it possible to do so).

[Ground of recognition] Unsatisfys, Gap evidence 1 to Gap evidence 4, Eul evidence 1, and changes

The purpose of the whole theory

2. Whether the instant disposition is lawful

A. Relevant statutes and relevant legal principles

1) The relevant laws and regulations are as listed in the attached Form.

2) Business affairs and accidents to recognize occupational accidents under the Industrial Accident Compensation Insurance Act

The proximate causal relationship between them must be clearly proved in medical and natural science.

In addition, considering all the circumstances, there is a proximate causal relationship between the work and the accident.

Since there is no direct evidence of the cause of the disaster, there is no proof of the cause of the disaster.

Even if indirect facts may be reasonably explained in accordance with the rules of experience.

If it can be presumed that the work-based personality can be predicted by drilling, it shall be deemed that it is an occupational accident.

medical malpractice in the course of treating an injury or disease caused by an occupational accident, and in the course of treating such injury or disease,

Even if a new injury or disease has occurred due to the side effects of the method of treatment, a considerable amount of disease or disease

As long as the guidance is recognized, this shall also be deemed to constitute an occupational accident, and as above, the meaning thereof.

Presumption of proximate causal relationship between side effects of royalties, medicine or treatment methods and the occurrence of new injury or disease;

In accordance with the foregoing legal doctrine, the above legal doctrine applies (Supreme Court Decision 2002 delivered on May 30, 2003).

See Supreme Court Decision 213055.

B. Determination

1) Each entry of Gap evidence 2, Gap evidence 5 through Eul evidence 8, Eul evidence 2 and 3, and

Comprehensively taking account of the overall purport of the pleadings, the following facts may be acknowledged.

① On December 15, 2018, 30 minutes before the instant accident occurred, the Deceased shall receive medical care around 53:53 medical care.

16: A medical examination and treatment shall be provided at least 06, and a prescription shall be provided at a place.

가지고 근처인 구리시 ▲▲로 * * 에 있는 ○○약국으로 가서 약을 건네받았다 .

(2) A hospital and ○○ pharmacy shall be located far from the decedent’s residence, about 500 meters away, and shall be located far.

The place where the accident occurred shall be the residence of the deceased and the route where the hospital and the ○○ pharmacy are removed.

the same shall apply.

③ A private person on the deceased’s death diagnosis report is indicated as follows:

(mark - omitted)

(4) The franchis of the deceased working in a hospital shall be two copies, and his/her joints in the last three months.

The deceased complained of pulmonary difficulties, and the deceased suffers from a disease and high blood pressure between them, and each of the symptoms and diseases mentioned above.

The deceased complained of pulse, kiscing, kiscing, and kiscing for drugs for the deceased.

Therefore, the injury or disease recognized as an occupational accident affected the death of the accident and the deceased.

The Defendant’s advisers expressed their opinions. The Defendant’s advisory opinions expressed that the death of the deceased was a light blood, etc. caused by a traffic accident.

The addiction, etc. of Eulphane, which is a wound and disease recognized as an occupational accident, caused by damage to the merchant nature;

I express my opinion that it cannot be seen as having influenced.

2) The network in light of the following circumstances known in full view of the facts charged

person is a medical care institution that intends to treat injury or disease, such as Eulphane addiction, recognized as an occupational accident.

○○ Hospital due to the instant accident that occurred in the course and method of ordinary route;

The proximate causal relation is recognized between the deceased's death and his/her duties.

The instant disposition issued on a different premise must be revoked as it is unlawful.

○ Industrial Accident Compensation Insurance Act is an occupational accident, occupational disease, commuting to and from work.

It is divided by sea, etc., and further, the Enforcement Decree of the same Act is a death during the performance of duties.

c) an accident caused by a natural disaster, etc. within the workplace, an accident during medical care, and a third party's act;

(Articles 27 through 36) Occupational accidents, such as accidents, accidents while commuting to and from work, occupational diseases, etc.

However, the causes of occupational accidents in the context of legislative technology are more detailed.

Since it is impossible to list all of the laws and regulations, occupational accidents as prescribed by the Act and the Enforcement Decree thereof.

Type is considered as an example provision (Supreme Court Decision 2012Du24214 Decided June 12, 2014).

work by reason that the work does not constitute a type prescribed in the above Act and the Enforcement Decree thereof.

It cannot be determined that it does not constitute a commercial accident.

○ The proximate causal relationship between the business and the disaster is achieved under the control or management of the employer.

in the performance of the duties of the employee concerned and in the ordinary course of activities incidental thereto;

If it was not engaged in the so-called performance of duties and duties, the occurrence of the disaster occurs.

the risk accompanied by labor relations has been realized, i.e., the circumstances that the risk would not have been caused;

F. However, the Industrial Accident Compensation Insurance Act should be determined by taking into account the nature of the work.

The type of "other accidents that have occurred in connection with the work" can be widely recognized by the State.

A new injury or disease in the course of treating the injury or disease caused by an occupational accident as seen earlier.

If proximate causal relation is recognized even if it occurs, this shall also be recognized as a new occupational accident.

(1) The former Enforcement Decree of the Industrial Accident Compensation Insurance Act (amended by Presidential Decree No. 29354, Dec. 11, 2018)

(i) Article 32 of the Industrial Accident Compensation Insurance Act is not only a medical accident in the course of treating occupational accidents, but also an industrial accident under medical care.

An occupational accident even in the event of an accident related to the medical care of an occupational disease within an insurance-related institution;

The type of occupational disease is defined by taking into account the risks accompanying the medical care of occupational disease.

In that sense, whether the place of the occurrence of the accident is within the industrial accident insurance-related medical institution under medical care is essential

Article 37(1)3(b) of the Industrial Accident Compensation Insurance Act does not mean an ordinary route and method.

business as a result of occupational accidents recognizing accidents that occur while commuting to and from work as a result of such occupational accidents;

80,000 shall not be accompanied by the non-performance itself, but shall be extended to those closely associated with the life relationship.

Considering these points, when determining a proximate causal relationship, which is the requirement for occupational accidents, the determination of proximate causal relationship is made.

The meaning that the risks accompanying the employment relationship must be accompanied by the performance of the duties itself.

normally in the course of treating occupational accidents, which are not not the United States, once proximate causal relation is found;

It should also be seen that there are risks involved.

○ The Deceased, on June 1992, shall be deemed to have been affected by an occupational accident, such as Eulphane addiction, etc.

Afterward, the hospital in the neighborhood of the residence is hospitalized and provided with outpatients for outpatients; and medical care;

In addition, on December 7, 2018, the instant accident occurred, as well as on the injury and disease at the hospital.

The period of time between the above medical treatment and the accident of this case is about 30 minutes.

The place where the accident of this case occurred shall be the Tong where the hospital was located in the deceased’s residence.

Considering that the accident is on the commercial route, the Deceased is treated as an occupational accident.

The risk normally accompanied by the process of entering an industrial accident insurance-related medical institution in his/her medical care is realized.

may be recognized as a business entity's identity.

3. Conclusion

Therefore, the plaintiff's claim is reasonable, and it is decided as per Disposition by admitting it.