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(영문) 대전지방법원 2020.07.16 2019구단101436
요양불승인처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On January 31, 2019, A was diagnosed by the “the instant accident” (hereinafter referred to as “the instant accident”) as the “an accident falling into the floor during the construction of F Agricultural Machinery Warehouse Construction Works (hereinafter “instant construction”) in the Dong-gu, Chungcheongnam-gu, Seoul (hereinafter referred to as the “instant construction”) by means of the following: (a) an accident at the site of the roof board work (hereinafter referred to as “the instant accident”); (b) the embrising frighting on the left side of the wall, the frighting frighting, the frighting, the frighting, the frighting, the frighting, the frighting, the frighting, the upper left side frighting, the frighting, the fright-hand frighting, and the frighting, the frighting body of the right hand.

B. While the instant accident constituted an occupational accident, A filed an application for medical care for the instant injury to the Defendant, the Defendant, on August 27, 2019, rejected the application for medical care on the ground that A was not a worker.

(hereinafter “instant disposition”). C.

A A died on May 7, 2020 while the instant lawsuit was pending (hereinafter “the deceased”), and C, D, and E, who are the wife of the deceased, and children of the deceased, took over the instant lawsuit.

[Ground of recognition] Facts without dispute, Gap evidence 1, 6 evidence, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiffs asserted that they received two million won per day and participated in the construction of this case. The five million won deposited by the owner of the building in the account of the deceased was paid to purchase the goods to be invested in the construction of this case and actually used for the purchase of the goods, the owner of the building and his children directly participated in the construction of this case and received a report on the work progress plan, etc.

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