1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The summary of the grounds for appeal B Co., Ltd. (hereinafter “B”) did not plan or participate in the instant Games by C, and C members did not recognize the time during which C members participated in the Games as working hours. In the practice competition in which the instant accident occurred, only 20 members, who were scheduled to participate in the Games, were not forced by force.

In addition, the part supported by B was conducted within the scope of general club support, and C was not specially treated or taken separate measures to participate in the competition compared with other clubs.

Therefore, the instant accident does not constitute “occupational accident” under Article 37(1)1(d) of the Industrial Accident Compensation Insurance Act (hereinafter “Act”).

2. Determination on the grounds for appeal

A. Article 30 subparag. 4 of the Enforcement Decree of the Act, which set the specific criteria for the recognition of “accident during events” among occupational accidents upon delegation by Article 37(5) of the Act, provides that “where an employer deems it necessary for labor management or business operation by social norms,” the employee’s participation in sports shall be considered as an “occupational accident”.

In addition, even if a worker suffers from a disaster while participating in an event or a meeting, other than a company, which is not prescribed as an ordinary duty under an employment contract, in light of circumstances such as the organizer, purpose, contents, number of participants, forcedness, method of operation, burden of expenses, etc. of the event or meeting, if the overall process of the event or meeting is under the control or management of the employer, it constitutes an occupational accident.

(See Supreme Court Decision 2012Du8656 Decided December 12, 2013). B.

In fact, 1B's promotion B of club activities is part of the "K" movement, and it is an intra-company club activity in various fields.