logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2016.02.26 2015구단58341
요양급여불승인처분취소
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. From November 28, 2014 to B (hereinafter “Nonindicted Company”), the Plaintiff was on the part of Company B (hereinafter “Nonindicted Company”) and was working as a joint duct, and on December 31, 2014, the Plaintiff was diagnosed as “the instant accident” due to an accident falling from singing out of singing stairs during the second instances (hereinafter “instant accident”), and applied for medical care benefits to the Defendant on January 14, 2015.

B. On April 15, 2015, the Defendant rendered a disposition not to grant medical care to the Plaintiff on the ground that “The instant accident occurred while the first type of meeting was completed and the first type of meeting was moved to a two-lane singing room, which cannot be seen as being controlled or managed by the employer, as the overall process cannot be seen as being controlled or managed by the employer or as an “accident during the event,” which was part of the employer’s direction.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 11, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On the date of the Plaintiff’s assertion, the ceremony that the Plaintiff participated on the day of the instant accident was conducted only by the first meal and the second singing room from the first meal and the second singing room under the supervision of the head of C division who was entrusted with the use of the organization card by the employer, and all of the expenses were approved by the company. It is reasonable to deem that the instant ceremony was an event necessary for the labor management of the company. The Plaintiff’s injury and disease occurred in the process constitutes an occupational accident, and thus, the instant disposition made by the Defendant on a different premise

B. (1) Determination is made in the event or event that an employee is in the course of participating in an event or meeting that is not prescribed as a matter of duty to be ordinarily engaged in by an employment contract, the organizer of the event or meeting shall first be recognized as an occupational accident;

arrow