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(영문) 울산지방법원 2015.06.25 2014구합1400
요양불승인처분취소
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 November 3, 2013, the Plaintiff asserted that, at the construction site of the removal and remodeling of Handong Accounting Firm (hereinafter “instant construction site”), the Plaintiff suffered occupational accidents by knife as to the left side of the work during the work, and on December 5, 2013, the Plaintiff filed an application for medical care benefits with the Defendant as an injury to the Defendant’s disease of “the open nature of Han River Sub-Section 1 on the left side, the annual organization salt, and the left-hand urology (hereinafter “the instant injury”).

B. Accordingly, on February 3, 2014, the Defendant rendered a disposition of non-approval for medical care (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff cannot be recognized as an employee of the non-party company, and the place where the Plaintiff suffered injury cannot be recognized as the site of the instant construction.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. B Co., Ltd. whose representative director is the Plaintiff’s assertion (hereinafter “B”) is practically the Plaintiff’s company that is the Plaintiff’s type C, and the Plaintiff merely lent its name to the company that is the Plaintiff’s type C. On October 24, 2013, the Plaintiff entered the non-party company as a day-to-day employee and received KRW 1.50,000 per day from November 12, 2013 to November 12, 2013. The Plaintiff was diagnosed as the instant injury and disease because it was diagnosed as the Plaintiff’s employee while moving materials at the construction site of the instant case. Thus, the instant disposition on a different premise is unlawful.

B. 1) The Plaintiff was registered as the insured on May 9, 2005, and on November 20, 2012, registered as the representative director of the above company. 2) The Plaintiff’s punishment C is the representative director of the non-party company.

3) The Plaintiff’s national bank account (Account Number: D specification of transactions.

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