1. Revocation of the first instance judgment.

2. On May 15, 2017, the Defendant’s disposition of non-approval for medical care rendered to the Plaintiff is revoked.

3.

1. Details of the disposition;

A. On December 14, 2016, the Plaintiff was an employee of Company B (hereinafter referred to as “Nonindicted Company”) who was driving with a vehicle owned by the Plaintiff (C; hereinafter “instant vehicle”) and was working for the Plaintiff on December 14, 2016, and was faced with an accident of collision with the instant truck (hereinafter referred to as “instant accident”) by getting off the road surface on the road located at 182-27, due to the front-si, the front-si of the racing-si.

B. Due to the instant accident, the Plaintiff was diagnosed of “the blood species from a acute scarcity, blood pulmonary pulmonary mar, the upper right-hand mar, the crypusus crypusus mar (3, 4, and 5), 4, and 5 marcing to the upper right-hand mar, the upper left-hand marcing, the upper left-hand marcing, and the Plaintiff applied for medical care benefits to the Defendant on April 17, 2017.

C. On May 15, 2017, the Defendant rendered a disposition of non-approval for medical care (hereinafter “instant disposition”) against the Plaintiff on the ground that the instant accident was provided by the business owner or was caused during the use of a similar means of transport.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 4, 8, and 9, the purport of the whole pleadings and arguments

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The Constitutional Court, September 26, 2019, by deciding that “the part on “the amended provisions of Article 37” in Article 2 of the Addenda of the Industrial Accident Compensation Insurance Act (Act No. 14933, Oct. 24, 2017) is inconsistent with the Constitution,” thereby confirming the unconstitutionality of the aforementioned Addenda provision, which stipulates that “any other accident that happens while commuting to and from work by the ordinary route and method, shall be applied from the first accident after January 1, 2018, the enforcement date of the Act, and on the grounds of such decision, legislators shall be at least the previous decision of inconsistency with the Constitution (the Constitutional Court Decision 2014HunBa254, Sept. 29, 2016).