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(영문) 울산지방법원 2020.12.17 2020구단5024
요양불승인처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On August 1, 2018, the Plaintiff is an employee who is in charge of the annual finishing process for the manufacture of motor vehicle strawing, who is employed in Jeju-si B (hereinafter “Nonindicted-si”) located in Incheon-si.

B. On May 25, 2019, the Plaintiff, the employees of the non-party company, and the non-party company and the business owner of the non-party company, together with the workers belonging to the same company D (hereinafter “D”). After the first round, the Plaintiff took a drinking face from E, the workers belonging to D, in front of the two-lane singing on the resing road between two-lanes, and the head was faced with the head on the asphalt floor, and the Plaintiff suffered from “the instant injury and disease” (hereinafter “the instant injury and disease”).

(hereinafter “instant accident”). C.

On July 29, 2019, the Plaintiff filed an application for medical care benefits for the instant injury and disease with the Defendant, but the Defendant, on October 7, 2019, rejected medical care on the ground that “In the second round of the non-official type No. 2 that was not instructed by the business owner, the confirmation of the accident occurred due to an personal appraisal, not an occupational reason, and the proximate causal relation with the business cannot be recognized.”

(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence Nos. 1 through 4 (including paper numbers), Eul evidence Nos. 1 and 2, and the purport of the whole pleadings.

2. Determination on the legitimacy of the disposition

A. The Plaintiff’s assertion is not only the first type of the instant case, but also the second type of the type of the instant type of business, inasmuch as the overall process was under the control or management of the business owner, it constitutes an extension of business. The instant accident occurred when E, which took place due to the excessiveness allowed by the business owner from the first type of the instant type of business, was in dispute to the Plaintiff and the company as a result of the instant accident, so the instant injury and disease ought to be recognized as an occupational accident.

Therefore, it goes on a different premise.

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