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(영문) 서울행정법원 2021.01.13 2019구단74259
요양불승인처분취소
Text

The Defendant’s non-approval disposition of medical care rendered to the Plaintiff on September 21, 2018 shall be revoked.

Costs of lawsuit shall be borne by the defendant.

Reasons

1. The Plaintiff entered the company B (hereinafter “instant company”) on February 17, 2014 and has been in charge of the inspection of natural gas supply pipes, license management, etc. as a worker belonging to the Technology Center for the Maintenance and Improvement of the instant Company.

On April 5, 2018, the company improvement project headquarters of the instant case rendered a forum for the reduction of promotion personnel and the staff transferred.

From 18:20 to 20:00 on the same day, 25 employees, other than 3 non-witmans, from among 28 employees belonging to the maintenance technology center and safety quality management headquarters, were present at the first round of the second round of the 25 workers from 20:00 to 21:30 on the same day (hereinafter referred to as "second round of the 25 workers") who were sent from 20:00 to 20:30 on the same day.

On April 5, 2018, the Plaintiff completed the second round of a road, and around April 21:35, 2018, the Plaintiff was faced with a vehicle in transit while crossing the road on the eight-lane road (hereinafter “instant road”) located in Daejeon U.S. P. C. (hereinafter “instant accident”).

In the instant accident, the Plaintiff was diagnosed as “damage to blood and blood transfusions from the sculpary sculpary sculposis, damage to the right side tension” (hereinafter collectively referred to as “the instant injury”). On July 27, 2018, the Plaintiff applied for medical care benefits to the Defendant.

(d)

On September 21, 2018, the Defendant rendered a decision not to grant medical care benefits (hereinafter “instant disposition”) to the Plaintiff on the ground that “the second round of ceremony is a private group, and it is difficult to view it as an official type of meeting, which was conducted under the control and management of the business owner, and it is deemed that there was deviation or suspension from the time of the first round of ceremony to the time of retirement, and thus, it cannot be recognized as an accident during an event prescribed in Article 30 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act and an accident during the period of commuting prescribed in Article 35 of the Enforcement Decree of the same Act.”

E. The plaintiff dissatisfied with this shall be the defendant.

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