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(영문) 서울고등법원 2020.07.17 2020누39954
요양급여신청반려처분취소
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The defendant bears the total costs of the lawsuit.

purport.

Reasons

1. In accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, the part “1. Reasons for dispositions” between the second and fourth sentence and the second below shall be cited.

2. The interpretation of the Industrial Accident Insurance Act (i.e., occupational accident and entitlement to medical care benefits), and the “health damage of a fetus” caused to a pregnant female employee’s work, regardless of the impact or degree on the female employee’s labor ability, is deemed to be included in the “occupational accident” of an employee as prescribed by Article 5 subparag. 1 of the Industrial Accident Insurance Act

If the occupational accident caused by damage to the health of the fetus, which is a part of the mother's body, to a pregnant female worker based on his/her duties, the relationship between the supply and demand of medical care benefits in accordance with the Industrial Accident Insurance Act was established, the fetus, which has achieved the body of the mother and the single body, was separated from

Even if the relationship between the supply and demand of medical care benefits already established is extinguished, it cannot be seen.

Therefore, it should be considered that female workers do not lose the right to receive medical care benefits for congenital diseases, etc. of the baby born after childbirth.

3. In accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, the part on “the existence of a proximate causal relationship” in the part on “the existence of a proximate causal relationship” between 3 and 8 pages below 23 and below 38 shall be cited.

4. In conclusion, the plaintiffs' claims seeking revocation of the second rejection disposition will be accepted for all reasons.

Since the judgment of the first instance is consistent with this conclusion, the defendant's appeal against the plaintiffs is dismissed as it is without merit.

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