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(영문) 광주지방법원 2018.11.29 2018구단1285
요양급여부지급처분취소
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 January 1, 2016, the Plaintiff served as the head of Jeonnam-do Ri, Jeonnam-do.

B. At around 13:00 on September 26, 2017, the Plaintiff was subject to an accident that cut five left satiss down on the left satise at the beginning of the towing period (hereinafter “instant accident”), and filed an application for medical care benefits to the Defendant.

C. On July 13, 2018, the Defendant: (a) an occupational accident under the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”) refers to an accident that occurred while a worker, who provided labor based on an employment contract with the employer and received wages equivalent to the price thereof, performed his/her duties. In the instant case, the Plaintiff voluntarily and arbitrarily covered the work.

A disposition not to grant medical care (hereinafter referred to as "instant disposition") was made on the ground that the injury is not an occupational accident under the Industrial Accident Insurance Act.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 to 3, and 5 evidence (including a serial number; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion that the Plaintiff was instructed by the Chapter C on the grass beer work, and that the promise to select a village with excellent grass beer work on the part of Section C to allocate the business budget constitutes a price for grass beer work, and thus constitutes a subordinate relationship similar to the employment contract.

Therefore, the Defendant’s disposition of this case on a different premise is unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. 1) The Industrial Accident Insurance Act aims to promptly and fairly compensate for any occupational accident of a worker by implementing the industrial accident compensation insurance business. The term "occupational accident" in the Industrial Accident Insurance Act refers to the injury, disease, disability or death of a worker caused by an occupational reason, and the term "worker" refers to an employee under the Labor Standards Act (Article 5, Article 1, and Article 5 of the Industrial Accident Insurance Act).

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