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(영문) 대구지방법원 2015.07.03 2014구단11095
요양ㆍ보험급여결정처분 취소 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On February 6, 2014, the Plaintiff employed A, who is an employee of the Plaintiff’s subcontractor engineering company, as a daily worker, for the construction of general pipelines and fire-fighting pipes for the construction of the GH block apartment.

B. On April 24, 2014, at the entrance of the underground parking lot m (309 m) at the above construction site, the Plaintiff: (a) moved to the construction site of this case in order to leave the construction site after completing work at around 17:10 of the same month; and (b) the Plaintiff was subject to an accident (hereinafter “instant accident”) where the said underground parking lot entrance (hereinafter “the point of the instant accident”) was obstructed by a crypt installation relation; (c) the Plaintiff was going to the opposite side from a cryptor by using a cryptor; and (d) the Plaintiff was going to undergo the floor of the instant underground parking lot marbris (hereinafter “instant accident”).

C. A filed an application for medical care benefits with the Defendant around May 12, 2014. On June 27, 2014, the Defendant rendered the instant disposition that approved medical care on the ground that the instant accident to A was an occupational accident.

【Ground of recognition】 The fact that there is no dispute, Gap's No. 1, 6, 7, 10, Eul's evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The instant accident occurred after 17:00 hours from the end of his duties; the point of the instant accident did not have the entrance for pedestrians as an area for the entrance and exit of vehicles; and even though A provided safety education prior to the instant accident, as it was controlled by the access to the point of the instant accident due to the construction work, it was an accident that occurred while passing through the instant accident at will by using a designated passage. Thus, the instant accident is an accident that occurred during private activities unrelated to his duties and does not fall under the occupational accident under Article 37(1)1 (a) of the Industrial Accident Insurance Act.

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