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Reasons
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(영문) 창원지방법원 2020.07.15 2018구단12498
요양불승인처분취소
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On May 1, 2018, the Plaintiff, as a bus driver affiliated with B, was at the starting speed due to C and operation speed, which is a dump truck engineer, among the operation of the road in the Jincheon-Jin-Jin road, and was stopped on the side and parked on the side, and the bus was pushed off on C, and the bus was pushed off on the corner of bus stairs, thereby causing a loss of trees on the side (hereinafter “the instant injury and disease”).

B. On May 8, 2018, the Plaintiff filed an application for medical care benefits with the Defendant asserting that the instant injury was an occupational accident. On September 6, 2018, the Defendant rendered a disposition of non-approval for medical care (hereinafter “instant disposition”) by deeming that the instant injury did not constitute an occupational accident on the grounds that the Plaintiff’s act constitutes a case where the Plaintiff stimulates or attempted the other party beyond the scope of his/her duties.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 7, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion is unlawful in the instant disposition that denied that the instant injury was an occupational accident on the premise of such fact, despite the fact that C was able to have a saved with the intent of a save and had a saved with the intent of a save and had a saved with the intent of a save.

B. The term "occupational accident" in the Industrial Accident Compensation Insurance Act refers to an occupational accident caused by a worker's occupational accident, which is caused by another person's violence during the performance of his/her duties. If such accident is caused by an occupational accident, and there is a proximate causal relation with his/her duties as a reality of human relations or duties inherent in or accompanying ordinary risks in the workplace, it shall be recognized as an occupational accident, but if it is due to a private relationship between the perpetrator and the victim, or if the victim stimulates or attempts to stimulate the other party beyond the limit of his/her duties

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