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(영문) 대구지방법원 2020.12.11 2019구단11465
요양급여지급승인처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. B, who was employed by the Plaintiff and worked at the Plaintiff’s workplace located in Chungcheongnamcheon-si, Gyeongcheon-si (hereinafter “instant workplace”), and around 07:00 on June 19, 2017, when moving within the instant workplace, he was faced with the head of the pipe removed from the main pipe building during the extension work (hereinafter “instant accident”).

B. On August 22, 2017, B applied for the payment of the first medical care benefits to the Defendant upon the diagnosis of “T7 invertebrate, thalinum, and stoxiine (hereinafter “the instant injury”). On September 29, 2017, the Defendant rendered a decision to approve the Plaintiff’s medical care benefits for the instant injury (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on this safety defense

A. The party to the instant disposition prior to the merits of the Defendant is B, and the Defendant is identified as the business owner of the relevant workplace in the process of examining the application for medical care for the victim, but this is merely an internal decision made in the middle stage of determining whether to approve the medical care, and such determination itself does not cause direct changes in the business owner’s specific duty of rights.

Therefore, in the instant disposition, the medical care approval decision is not directly intended for the Plaintiff, who is the business owner, and cannot be deemed as an infringing administrative disposition that directly imposes an obligation on the Plaintiff or imposes a legal effect that restricts rights and interests, and the Plaintiff may dispute the insurance premium imposition disposition in the event of an increase in the industrial accident insurance premium in the future as an appeal litigation. Thus, the instant lawsuit is unlawful because it is difficult to deem

B. A third party, who is not the direct other party to a determination 1 administrative disposition, is governed by the pertinent administrative disposition.

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