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The instant lawsuit is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff is a business owner operating the Ulsan-gu Namdong-gu District C ground gas station (hereinafter “instant workplace”), who is an industrial accident compensation insurance policyholder under the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”).
B. B worked in the instant workplace from May 15, 2015 to July 30, 2016.
(c)
B On July 31, 2016, it was sent to F Hospital through the 119 first-lane E Hospital emergency room, and was diagnosed with her prone and delayed cerebral cerebralopty (hereinafter “the instant disease”).
(d)
B on February 15, 2019, the Defendant applied for medical care benefits on the ground that the instant disease constituted an occupational disease.
E. On June 21, 2019, the Defendant rendered a decision to approve B’s application for medical care benefits (hereinafter “instant disposition”) according to the result of deliberation by the Committee for Determination of Disease under the Busan’s Business under the Defendant’s control, on the following grounds: “The Defendant confirmed, during one week prior to the outbreak, 64 hours of work, 57 hours and 30 minutes average work hours during 4 weeks prior to the outbreak, and 54 hours and 14 minutes average work hours during 12 weeks prior to the outbreak, and on the ground that there is an increase in work burden due to shift work and holiday shortage.”
F. Meanwhile, the Plaintiff reported the establishment of the industrial accident insurance on August 21, 2016, which was the date when B entered the instant workplace.
Pursuant to Article 26(1)1 of the Act on the Collection of Insurance Premiums, etc. for Employment Insurance and Industrial Accident Compensation Insurance (hereinafter “Employment Insurance Premium Collection Act”), the Defendant developed the instant disease without reporting the purchase of insurance by the reporting date on the establishment of the insurance relationship. The Defendant paid industrial accident insurance benefits to the Plaintiff totaling KRW 42,889,090 [5,422,560 ( August 26, 2019)] 24,534.