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(영문) 부산고등법원 2015.11.18 2015누20374

요양급여불승인처분취소청구

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. The reasoning of the court's explanation concerning this case is as follows, and the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment except for addition. Thus, this is accepted in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

(The plaintiff is basically repeating the same argument in the first instance court, and even if the plaintiff's assertion and reasons for partial supplementation in the trial are considered, the first instance court's decision is justifiable). The third and sixth parts of the first instance court's decision are referred to as "company" as an individual entrepreneur.

In the fourth decision of the first instance court, the 13th decision to the 19th decision are as follows.

[1) According to the proviso to Article 6 of the Industrial Accident Compensation Insurance Act, Article 2(1)3(a) of the Enforcement Decree of the same Act, and Article 2(1)2 of the Enforcement Decree of the Act on the Collection of Insurance Premiums, etc. for Industrial Accident Compensation Insurance and Industrial Accident Compensation Insurance, a project performed by a person other than a constructor under the Framework Act on the Construction Industry is excluded from the application of the Industrial Accident Compensation Insurance Act if the total construction cost is less than 20,000,000 won, and the total construction cost here refers to the contract amount under the contract when the construction project is not limited to the contractor under Article 41 of the Framework Act on the Construction Industry. However, if the construction project is not limited, it refers to the method determined and publicly announced by the Minister of Employment and Labor, i.e., the provision on the calculation of the total construction cost of the construction project performed by a person other than a constructor (Notice of the Minister of Employment and Labor No. 2010-43).