1. The Defendant’s disposition of non-approval of medical care benefits rendered to the Plaintiff on March 27, 2015 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

1. During the process of the disposition, B Co., Ltd., Ltd., a contracting party for indoor wood-agrative test (hereinafter “instant construction”) among the construction works of Han River Construction Co., Ltd., Han River Construction Co., Ltd.

On December 4, 2014, the Plaintiff, at around 06:45 on December 4, 2014, driven D motor vehicles in the enclosed Station located in the Dobong-gun, Chungcheongnam-gun, Chungcheongnam-do, Busan, and caused a traffic accident (hereinafter “instant accident”) in which the rear part of the truck, which was earlier at the entrance of the central Highway tunnel, was moved into the front part of the said motor vehicle.

On January 27, 2015, the Plaintiff filed an application for medical care benefits for the instant injury with the Defendant, alleging that he/she suffered injury (hereinafter “the instant injury”).

On March 27, 2015, the Defendant rendered a disposition not to approve the Plaintiff’s application for medical care benefits (hereinafter “instant disposition”) on the ground that the instant accident does not constitute an accident that occurred during work under the control and management of the business owner, such as the means of transportation provided by the business owner or the means of transportation equivalent thereto, and thus, the instant injury and disease does not constitute an occupational accident.

[Ground of recognition] Evidence No. 1, No. 2, and the purport of the whole pleading

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was caused by the Plaintiff’s attending the instant construction site to work as a tree in accordance with the direction of the representative E of the Plaintiff Company B, and the Plaintiff had a heavy tool necessary for the Plaintiff’s work and had no choice but to drive the vehicle to go to the salary class before a morning. As such, the instant accident occurred during the work under the control and management of the business owner, and thus constitutes an occupational accident, and the Defendant’s disposition taken by deeming otherwise is unlawful.

B. Determination 1.