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(영문) 부산지방법원 2016.02.24 2015구단1643
요양승인결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is the business owner of D in Busan Jung-gu (hereinafter “instant place of business”), and the Intervenor was employed as a principal assistant on January 9, 2015 after entering the instant place of business and serving as the principal assistant.

B. On March 10, 2015, the Intervenor asserted that he/she carried food materials necessary at the instant place of business at around 21:00, and suffered injury (hereinafter “the instant injury and injury”) of the “complosive frame No. 10,” which was cut down and cut down at the bar of the instant place of business. The Intervenor applied for the approval of the medical treatment to the Defendant.

C. On July 22, 2015, the Defendant recognized the Intervenor’s instant injury and disease as an occupational accident, and issued a disposition of approval for medical care to the Intervenor.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence No. 1, Eul evidence No. 1-1, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion did not seem to have been affected by the disaster, and there was no warning that the Plaintiff would not be nor would it be allowed for the Plaintiff to work until he retires.

Although it cannot be deemed that the intervenor suffered the injury or disease in the instant accident, the Defendant’s disposition that approved the medical care of the injury or disease in the instant case on a different premise is unlawful.

B. On March 10, 2015, the Intervenor entered the instant plant on March 10, 2015, according to the direction of E, a main responsible manager, and called E to E for fraud. On the same day, E was generated on the part of the Intervenor.

B) On March 18, 2015, the Intervenor: (a) taken X-ray photographs at F’s source; (b) provided outpatient treatment from March 25, 2015 to the 28th day of the same month; (c) received intrusion treatment at a Council member from March 25, 2015 to the 26th day of the same month; and (d) received a diagnosis of the injury and disease in the instant case after being admitted to the Sejong Hospital on March 31, 2015.

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