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(영문) 대전지방법원 2017.02.16 2016구단167
최초요양급여 불승인처분 취소
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 June 19, 191, the Plaintiff joined B Co., Ltd. and served as the head of the field office related to construction, electricity and production.

B. On November 30, 2012, the Plaintiff served as an on-site agent at the site site (hereinafter “instant site”). On December 13, 2014, the said construction was completed, and on December 24, 2014, the Plaintiff was present at a meeting held in accordance with the on-site completion inspection and the planned relocation of employees. On December 24, 2014, around 22:10, the Plaintiff was on the front side of the India’s boundary (hereinafter “instant accident”).

다. 원고는 2015. 1. 16. 피고에게「전신 위약, 알코올에 의한 급성 중독 추정, 2차 회식장소로 가 회식을 하던 중 보통의 회식 때와 마찬가지로 직원들이 마음 놓고 즐기도록 하기 위해 본인이 회식장소를 나와 300~400m 정도 떨어진 숙소로 귀가하고자 가던 도중 미끄러지면서 보도블럭 뒤에 파여진 땅을 헛디뎌 중심을 잃고 뒤로 넘어지면서 엉덩이를 찧고 뒷머리를 땅바닥에 부딪쳐 이 사건 사고를 당했다」는 이유로 상병을 “사지마비, 경부척수손상, 중심척수증후군”으로 하여 최초요양급여 신청을 하였다. 라.

On March 24, 2015, the Defendant issued the first approval of medical care (hereinafter “the instant disposition”) on the ground that the instant accident was in the course of the second round after completing the second round of the accident, and that there was no objective ground to acknowledge the compulsory appearance of the second round of accident, and that it does not constitute occupational accident as a disaster that occurred during the retirement.

E. The Plaintiff filed a request for review on August 27, 2015, but dismissed the instant accident on the ground that “the instant accident does not constitute occupational accidents during his/her retirement,” and filed a request for review, but on December 30, 2015, the instant request for review was not clearly made as to whether the instant accident was enforced by the second round.

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