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(영문) 의정부지방법원 2017.11.23 2017나204699
공제급여
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

1. Basic facts

A. The Defendant is a corporation established under the Act on the Prevention of and Compensation for School Safety Accidents (hereinafter “School Safety Act”), which is a school safety mutual aid business operator to which the head of the B High School has joined.

B. On May 20, 2014, the Plaintiff, who was enrolled in the B High School (hereinafter “instant school”), was a deaf-gu assistant member of the instant school, and was working for an internship while working for the farming district in the sports center.

The accident, knee, knee, was caused by an accident (hereinafter referred to as “instant accident”).

C. The Plaintiff suffered from the injury of the Republic of Korea, the right slives, the upper right slives, due to the instant accident. On June 9, 2014, the Plaintiff received the slives, the front slives at the Incheon National University Hospital.

Since then, the Plaintiff filed a claim with the Defendant for medical care benefits of KRW 2,707,930, and the Defendant partially accepted the above medical care benefits claim and paid KRW 1,837,100 to the Plaintiff as medical care benefits around July 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 7, and 9, the purport of the whole pleadings

2. The provisions pertaining to the instant accident in the relevant statutes are as shown in attached Form 2.

3. The instant accident caused by the liability to pay mutual aid benefits constitutes “school safety accident” as prescribed by Article 2(6) of the School Safety Act, which occurred while the Plaintiff was engaged in sports activities at the school gymnasium in the B High School.

Furthermore, with respect to whether the Plaintiff left the permanent disability due to the instant accident, the following circumstances, which can be recognized by comprehensively considering the following circumstances, i.e., the Plaintiff’s health class, the basic facts as seen earlier, the respective evidence as seen earlier, and the evidence Nos. 2, 6, 8, and 10 (including the spot numbers, if any), and the results of the first instance court’s entrustment of physical examination to the head of Seoul Hospital Hospital at the Seoul Hospital at the time of the first instance court, i.e., the Plaintiff’s doctor D of the Gangwon-do National University Hospital through a written examination of the latter disability as of October 14, 2015: ACLcomcom ru pure (e.g., the state of health), knene’s East-do, 10 meters, and kne-kne’s free will.

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