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(영문) 대법원 2016.06.09 2016두34622
요양급여부지급처분취소
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. Where a worker suffers from an accident while participating in a group other than a company which is not a duty under an employment contract, and where it is intended to recognize such accident as an occupational accident, the overall process of the group must be under the control or management of the employer in light of social norms, such as the organizer, purpose, contents, number of participants and forcedness, method of operation, burden of expenses, etc.;

(2) On November 15, 2007, the court below rejected the Plaintiff’s assertion that the instant case constitutes occupational accidents. The court below rejected the Plaintiff’s assertion that the instant case constitutes occupational accidents, on the ground that: (a) the instant ceremony was planned or attended in advance following the direction or approval of the head of the branch office; (b) the participants did not seem to have discussed the work; and (c) the costs were borne by the participants; and (d) the Plaintiff’s assertion that the instant ceremony was related to the Plaintiff’s work, on the ground that it is difficult to deem that the instant ceremony was related to the Plaintiff’s work, on the ground that the Plaintiff complained of stress on the fact that the head of the team was the subject of voluntary retirement.

The plaintiff asserts that the instant ceremony was not a mere private group, and that it constitutes an occupational accident since the plaintiff was subject to extreme stress as a person subject to voluntary retirement and was affected by the accident of this case.

However, the above determination by the court below is in accordance with the legal principles as seen earlier, and it did not err by misapprehending the facts or by misapprehending the legal principles as to occupational accidents.

3. Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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