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(영문) 창원지방법원 2016.08.23 2016구단194
치료종결결정처분취소
Text

1. The motion for intervention by the Intervenor joining the Defendant is dismissed.

2. The plaintiff's claim is dismissed.

3. Of the costs of lawsuit.

Reasons

1. On December 1, 200, while working at the original plant of the Defendant joining the Defendant, the Plaintiff was diagnosed as “incompetuous disability” (hereinafter “incompetuous disease”), and under the Defendant’s medical care approval, the Plaintiff was receiving medical treatment for the instant injury and disease at the C Hospital, etc. (the Plaintiff was also receiving medical treatment under the Defendant’s additional medical care approval). C Hospital submitted to the Defendant a medical treatment plan regarding the instant injury and disease from April 1, 2016 to June 30, 2016, on the ground that the symptoms of the instant injury and disease have been fixed, and the Defendant rendered a disposition to complete medical treatment after May 31, 2016 (hereinafter “the instant medical treatment plan”).

[Reasons for Recognition] Evidence No. 2, Evidence No. 1, and the purport of the whole pleading

2. The Intervenor joining the Defendant filed an application for intervention by asserting that it was a policyholder of industrial accident compensation insurance (hereinafter “industrial accident insurance”) in accordance with the outcome of the instant lawsuit, who would be affected by the industrial accident insurance premium.

In order to intervene in a lawsuit to assist one of the parties in a specific litigation case, there must be an interest in the result of the lawsuit in question. The term "interest" refers to a legal interest, not in fact, economic or emotional interest, and it refers to a case where the judgment of the lawsuit in question is subject to res judicata or executory power, or where the judgment is not directly effective, it refers to a case where the legal status of a person who intends to participate in a lawsuit is determined on the premise of the judgment.

Supreme Court Decision 79Nu74 Decided August 28, 1979 and Supreme Court Decision 26 April 26, 2007

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