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(영문) 대전고등법원 2015.01.22 2014누10507
최초요양승인 처분 취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. On May 22, 2013, the Plaintiff’s employee A filed an initial medical care benefit application with the Defendant on the ground that “In the process of dismantling the second floor of a commercial building located near the construction site located near the budget terminal on April 17, 2013, he/she was faced with a pipe in the process of dismantling the second floor of the commercial building.”

B. On July 2, 2013, the Defendant issued the first medical care benefit approval disposition against A (hereinafter “instant disposition”).

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

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that A was suffering from a disaster around 16:30 on April 17, 2013. However, considering the following: (a) Party A complained of knenee, kneeee, who was fele and fele, after completing the frighting work from around 18:00 on the same day; (b) Party A was provided with medical treatment at a hospital; and (c) Party A was a wound who is difficult to take off with a decline pipe merely, but was not injured while providing labor within the Plaintiff’s place of business; and (d) Party A is likely to suffer from an injury at another construction site or during returning home.

Therefore, the instant disposition is unlawful.

B. As stated in the attached Form of the relevant Act and subordinate statutes

C. 1) A’s work and work environment A’s work were employed as daily workers on April 10 and 17, 2013 as E’s introductions at the construction site of the building in the Chungcheongnam-nam Budget Group built by the Plaintiff.

B. E’s employees, including A, work for daily workers, to commute to and from the above construction site and instruct and verify the contents of work. On April 17, 2013, A was on the second floor fluor, because there is no physical disability, such as cutting a bridge at the time of his/her attendance at the above construction site on board a vehicle at around 7:00, and there is no one bridge at the time of his/her attendance at the above construction site.

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