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(영문) 대법원 2017.03.30 2016두31272
요양급여부지급처분취소
Text

The judgment below is reversed and the case is remanded to Seoul High Court.

Reasons

The grounds of appeal are examined.

1. Where a worker suffers from an accident while participating in a group, other than a company, which is not a duty under an employment contract, and where it is intended to recognize such accident as an occupational accident, the overall process of events or meetings under social norms is required to be in the state of being controlled or managed by the employer in light of the circumstances such as the organizer, purpose, contents, number of participants and forcedness, methods of operation, burden of expenses, etc. of the group, and the worker must not deviate from the normal course of such group;

(See Supreme Court Decisions 97Nu7271 delivered on August 29, 1997 and 2007Du6717 delivered on November 15, 2007, etc.). Furthermore, insurance benefits under the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”) are in the nature of the worker’s livelihood security, as well as in principle, not only requires the employer’s negligence but also does not deny the liability of employees on the ground of the worker’s negligence or restrict the scope of liability, unless otherwise provided for in the Act. Thus, inasmuch as the accident in question is not a worker’s intentional self-injury or criminal act, or a causal relation between the business and the accident is concurrent on the ground that the worker’s negligence is concurrent, a prudent should be taken in denying the proximate causal relation between the business and the accident.

On August 19, 2010, the lower court cited the first instance judgment. 2.2. On March 29, 2010, the lower court: (a) citing the first instance judgment, the Plaintiff, a general director of the instant company, held a meeting in order to talk with Dong Fee C, who is an employee of the customer company, together with Dong Fee C on March 29, 2013; (b) the cost of Dong Fee E was calculated by E; (c) the cost of Dong Fee E’s singing and singing; (d) the Plaintiff, C, and E, after completing a business consultation, moved to singing and enjoy entertainment; and (d) the Plaintiff completed a singing meeting, along with C and E.

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