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(영문) 서울행정법원 2016.06.16 2016구단417
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 May 25, 2015, the Plaintiff: (a) filed an application for medical care benefits with the Defendant on June 5, 2015, on the ground that: (b) the Plaintiff was a person working in B Co., Ltd.; (c) the Plaintiff’s housing located in the Government-Si, 15:30 on May 25, 2015, separated the scamcams from the Plaintiff’s housing; and (d) the Defendant applied for the removal of scams from the water pipe due to an accident in which the scam is not attached to the main scam.

B. On October 16, 2015, the Defendant rendered the first disposition of non-approval of medical care benefits (the instant disposition was conducted under the following) on the ground that the instant accident occurred during the process of house repair of the Plaintiff’s building owned by him/her, and thus, does not constitute occupational accidents.

[Ground of recognition] Facts without dispute, Gap evidence 5, 6 evidence, Eul evidence 1, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. On May 25, 2015, the Plaintiff asserted that he was an employee of the Company B as a staff member of the Company B, and suffered pictures from his hand while carrying out the cream separation work to the Company’s dormitory on May 25, 2015.

Nevertheless, the defendant judged that the above accident does not constitute an occupational accident on the ground that the location of the accident is a house owned by the plaintiff and has the nature of the repair of the plaintiff's house. The disposition of this case is unlawful.

B. (1) The plaintiff joined the company B (the non-party company below) on September 1990, and worked as the managing director of the non-party company around the disaster day, and was in charge of quality control, business management, business operation, etc.

The plaintiff is the wife of the representative director of the non-party company.

(2) The Plaintiff is the owner of the building on the ground C in the Gu-si Government, and the building on the ground of the fourth floor is the office building on the first floor, and the 2, 3, and 4th floor are the residential buildings.

The plaintiff completed business registration on November 26, 2002 as a rental business operator of the above building.

(3) On May 23, 2015, the Plaintiff’s 302 tenant of the Plaintiff-owned building will move to another place.

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