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(영문) 서울고등법원 2013.11.07 2013누19853
요양불승인처분취소
Text

1. Revocation of a judgment of the first instance;

2. On August 10, 2012, the Defendant’s disposition of non-approval for oriental medical care is revoked.

Reasons

1. Details of the disposition;

A. On May 14, 2010, the Plaintiff was employed by B (hereinafter “Nonindicted Company”) and worked as a counselor belonging to ABR team. From July 18:20, 2012 to 21:15 on the same day, the Plaintiff and 30 employees, including the head of E Office, who is the person in charge of ABR team in the trade name restaurant located in Yongsan-gu Seoul, Yongsan-gu, Seoul, as well as the head of E Office, who is the person in charge of ABR team (hereinafter “the first type type”).

B. On July 6, 2012, after the completion of the first round of procedure, the Plaintiff transferred the instant second round of door to a G singing practice room located in the Seoul Yongsan-gu F and the fourth floor building, which is a building immediately adjacent to the Plaintiff, along with 12 employees, including the head of E, on July 21, 2012. Since long as the said singing practice room was moved to the said singing practice room, the Plaintiff suffered from the injury of the “alleys, tents, etc.” (hereinafter “the instant injury and disease”).

C. After that, on July 19, 2012, the Plaintiff applied for medical care benefits for the above injury and disease to the Defendant. However, on August 10, 2012, the Defendant rendered a disposition not to grant medical care benefits (hereinafter “instant disposition”) on the ground that the instant accident constitutes a disaster that occurred in the course of private activities beyond the control and management of the employer and that there is no proximate causal relation with the business.

[Reasons for Recognition] The fact that there is no dispute, each entry of Gap evidence 1 to 7 (including each number), the whole purport of the pleading

2. Whether the disposition is lawful;

A. The plaintiff's assertion ① the head of E, the person in charge of the ABA team, led by the non-party company E, transferred the first round of the instant second round immediately after the completion of the first round of the instant case to the next place, and the cost of the second round of this case was paid to ABA team.

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