1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the instant disposition

A. Nonparty B, as an employee of the Plaintiff Company, inhaled foreign materials while serving meals at the Plaintiff Company’s cafeteria (hereinafter “instant restaurant”) around September 14, 2015, around September 14:00.

(hereinafter referred to as the “instant accident”), and on September 14, 2015, the Defendant filed an application for medical care benefits under the Industrial Accident Compensation Insurance Act with the Defendant.

B. On December 30, 2015, considering that the instant accident constituted occupational accidents under the Industrial Accident Compensation Insurance Act, the Defendant rendered a disposition to approve medical care benefits (hereinafter the instant disposition) with respect to “Iak-Tin 1 Daegu Dan-gu Dan-gu Dan-gu Dan-gu Dan (hereinafter “the instant injury and disease”).

[Ground of recognition] Facts without dispute, Gap 1, Eul 1, 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The Plaintiff is not only the lessor of the instant restaurant, but also the operator of the restaurant, not the Plaintiff, but also Nonparty C. In addition, B is an employee on the day of the instant accident, whose work began at around 15:09 and, even though it was not possible to receive the occupation awareness of the instant restaurant under the collective agreement, the instant accident occurred while occupying the instant restaurant at will while carrying out the instant accident. Therefore, the instant disposition taken on the premise that the instant accident constituted an occupational accident is unlawful. 2) Whether the instant accident actually occurred, and whether B actually led to the instant injury or disease due to the instant accident is unclear.

Therefore, the instant disposition was unlawful on the premise that the injury or disease of this case occurred due to the accident of this case.

B. The facts of recognition 1 B entered the Plaintiff Company on February 25, 2009 and has been engaged in bus driving services.

Work at the morning is 05:20 to 14:30, and work at P.M. is 10:30 to 24:00, and at that time, the hours of work at P.M. are different.

Workers in the p.m. shall prepare for operation, such as providing meals to companies prior to 30 to 1 hour prior to the commencement of ordinary duties, or cleaning of vehicles.

The accident of this case.