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(영문) 서울행정법원 2016.05.19 2015구단21547

요양불승인처분취소

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 July 26, 2015, the Plaintiff suffered injury, such as the structural parking lots of building C buildings located in Sungnam-gu, Sungnam-si, Seoul Metropolitan City, by an accident in which he/she was unable to check the load of the he/shed and crashed (the disaster of this case in the following cases) with the upper part of L1, L2, L3, and the upper part of L1, L2, L3, and the upper part of the upper part, the upper part of the hand, the lower part of the hand, the salt and tension of the right hand, the lower part of the right hand, and the stroke, etc.

B. On November 18, 2015, the Plaintiff filed an application for medical care benefits with the Defendant with respect to the above injury, but the Defendant rendered a disposition of non-approval for medical care (the instant disposition is conducted under the following) on the ground that the construction cost of the instant case is less than KRW 20 million, and thus constitutes a workplace exempt from application pursuant to Article 6 of the Industrial Accident Compensation Insurance Act and Article 2(1) of the Enforcement Decree thereof

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of whole pleadings

2. Determination on the legitimacy of the disposition

A. The plaintiff's assertion that the construction cost of this case is less than 20 million won on the premise that the replacement work of a parking machine operator constitutes a construction work. Thus, the above work seems to have taken the disposition of this case on the premise that the construction cost of this case is less than 20 million won. However, the above work aimed at elevator repair of a mechanical parking lot, which is included in the "elevator manufacturing business" under the Korean Standard Industrial Classification of the Statistics Korea or constitutes the "other business of repairing general machinery and equipment" as provided

Nevertheless, the instant disposition taken on the premise that the instant construction work constitutes a construction work is unlawful.

B. (1) Determination is as shown in the attached Form of relevant statutes.

(2) The facts of recognition (A) C building is a building located in the Subdivision-gu B of Sungnam-si, and mechanical parking facilities are installed.

C The management office (under the below, the non-party company is formed) shall be in the C Building, including the above parking lot management.