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(영문) 서울행정법원 2020.09.22 2019구단75016
요양불승인처분취소
Text

On October 15, 2019, the Defendant revoked the disposition of non-approval for medical care granted to the Plaintiff.

Costs of lawsuit shall be borne by the defendant.

Reasons

1. Details of the disposition;

A. On February 9, 2019, when the Plaintiff was employed by the Residential Self-Governing Council and was performing cleaning service, the Plaintiff was faced with another vehicle (hereinafter “the instant accident”) located in the same direction as one vehicle, which was driven by the Plaintiff, on the right side of the vehicle located in two lanes in the opposite direction (hereinafter “one vehicle”) while driving the Ortoba and working as the said apartment, and working as the said apartment, on the top of the one-lane in the order of Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu and the opposite direction.

The above road was a four-lane in the direction that the plaintiff was proceeding and a three-lane in the opposite direction.

(A) An accident site map attached to the Motor Vehicle Accident Confirmation Board shall be as shown in the attached Form). (b)

The plaintiff was diagnosed by the accident of this case as the "hume shock, damage to a stringe with no open room in the river, damage to a stringe with no open room in the river, damage to a stringe with no open room, four or more strings, string a string string part of the string part of the string part of the string part of the string part of the strings, opening of the string part of the string part of the string part, and the string part of the string part of the string part of the string part of the string part of the string part of the string part

C. On October 15, 2019, the Defendant rendered a decision not to grant medical care (hereinafter the instant disposition) to the Plaintiff on the ground that “the Plaintiff’s accident occurred during his/her work, but falls under gross negligence prescribed in Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and where the cause of accident occurred due to the Plaintiff’s transfer or principal act, this is not recognized as commuting accidents under Articles 37(1)3(b) and 37(2) of the Industrial Accident Compensation Insurance Act.”

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3, 5, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion.

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