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(영문) 수원지방법원 2020.01.10 2018구단6052
요양불승인처분취소
Text

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. The Plaintiff, as an employee of the Plaintiff Company B (hereinafter “instant accident”), claimed that “Around March 22, 2017, when he/she was going to work as a ston at the workplace and completed work as a ston, he/she was faced with an accident that the left kne kne kne kne kne kne sing the sloping of the bridge (hereinafter “instant accident”). Accordingly, on May 18, 2017, the Plaintiff filed an application for medical care benefits with the Defendant on the ground that “the instant accident claimed by the Plaintiff was diagnosed by the kne kne kne se kne kne skes in the face of the instant accident” (hereinafter “instant accident”).

B. On July 13, 2017, the Defendant made no objective data or statement to verify the occurrence of the instant accident alleged by the Plaintiff, and on the ground that the instant injury and disease appears to be a chronic existing disease without any acute opinion to deem it related to the disaster, the Defendant made a disposition not to grant medical care to the Plaintiff (hereinafter “instant disposition”).

C. The Plaintiff dissatisfied with the instant disposition and filed a request for examination with the Defendant, but the request for examination was dismissed on October 17, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 6, Eul evidence No. 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In full view of the statements by the Plaintiff’s employees and the Plaintiff’s medical records, the Defendant’s disposition of this case, which denied the Plaintiff’s medical care benefit application on a different premise, is unlawful, even though it is apparent that the Plaintiff incurred the instant accident at the workplace due to the instant accident.

B. The term “occupational accident” under Article 5 subparag. 1 of the Industrial Accident Compensation Insurance Act refers to an accident resulting from an employee’s performance of his/her duties while performing his/her duties.

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