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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 October 30, 2017, the Plaintiff, who was working in C Co., Ltd. (hereinafter “Nonindicted Company”), was driving at around 24:00, and was on a car driven by the said fee staff, and was driven by the said fee staff, getting off the bus at the bus stops located near the Plaintiff’s home, and cross the three-lanes of the road at the exit of 1:3-lanes to the exit of 4:0.0.
The accident was caused by the incident (hereinafter referred to as the "accident of this case") that occurred on the car in excess of the speed limit (7.7km/h) according to the straight-line signal from the area of the Ilsan Bridge to the E-section.
B. On March 21, 2018, the Plaintiff filed an application for medical care benefits with the Defendant on the ground that “the instant accident may not be deemed to have occurred during commuting to and from work under the business owner’s control and management, such as the Plaintiff’s use of the means of transportation provided by the business owner or equivalent means of transportation, etc. due to the occurrence of the instant accident without permission,” and the Defendant rendered a disposition for refusal of medical care against the Plaintiff (hereinafter “instant disposition”).
【Fact-finding without a dispute over the basis of recognition, Gap evidence 2, 4, Eul evidence 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful cannot be said to be under the control and management of an ordinary employer on the ground that the method and route of commuting to and from work are generally reserved by the employee. Unless there are special provisions stipulating that an employee recognizes an accident that occurred during his/her commuting to and from work by normal method and route under the former Industrial Accident Compensation Insurance Act (amended by Act No. 14933, Oct. 24, 2017), the accident that occurred during his/her commuting to and from work cannot be deemed as an occupational accident solely on the ground that the employee’s choice of the method and route of commuting to and from work is ordinary.
Therefore, in order to cause a disaster during commuting to and from work to work as an occupational accident.