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1. The Defendant’s disposition of non-approval of the application for medical care benefits rendered against the Plaintiff on May 8, 2015 is revoked.
2. The costs of lawsuit shall be.
Reasons
1. Details of the disposition;
A. On August 30, 2014, the Plaintiff was an employee of the Plaintiff Company B (hereinafter referred to as “B”), who was diagnosed as “the next floor during the installation work site of TV production log in Egypt,” and was diagnosed as “the instant injury and disease” (hereinafter referred to as “the instant injury and disease”).
B. The Plaintiff filed an application for medical care benefits for the injury and disease of the instant case with the Defendant, but the Defendant dispatched the Plaintiff to operate a business in Egypt, but did not file an application for separate insurance to the Defendant pursuant to Article 122 of the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”), and thus, on May 8, 2015, issued a disposition not to approve medical care benefits to the Plaintiff (hereinafter “instant disposition”).
[Reasons for Recognition] There is no dispute, Gap evidence No. 1 and the purport of whole pleadings
2. Whether the disposition is lawful;
A. Article 6 of the Industrial Accident Insurance Act provides that "this Act shall apply to all businesses or workplaces that employ workers (hereinafter referred to as "business"): Provided, That this Act shall not apply to businesses prescribed by Presidential Decree, taking into account risk rates, sizes, places, etc., and does not provide any particular provision as to whether such business includes any business conducted overseas."
However, the Minister of Labor is responsible for the industrial accident compensation insurance business, and if the business owner satisfies certain requirements provided for in the Industrial Accident Compensation Insurance Act, the business owner can buy insurance, determine insurance premiums uniformly and compulsorily collect insurance premiums.