산재보험급여액징수처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff, as a company mainly engaged in the business of dispatching workers, dispatched A, who is an employee of the Plaintiff, to Brazil Co., Ltd., Ltd. (hereinafter “Nonindicted Company”) located in 15-ro 5-ro, Seogu, Seogu, Daegu, Daegu, to work.
B. On September 4, 2014, around 09:50, A died on October 1, 2014, when receiving treatment by suffering injuries, such as cage cages at cages and 3 degrees of images, etc., from a plant of the non-party company (hereinafter “instant accident”). < Amended by Act No. 12837, Oct. 1, 2014>
C. On September 24, 2014, the Plaintiff filed an application with the Defendant for medical care benefits and temporary disability compensation benefits with A as a disaster, and the Defendant approved A’s medical care by recognizing the foregoing accident as an occupational accident, and decided to pay survivors’ benefits and funeral expenses on November 12, 2014 following the death of A (hereinafter “the deceased”).
Meanwhile, the Defendant issued the instant disposition that notified the Plaintiff of the payment of KRW 52,172,340, 590, which is 50% of the determined amount of survivors’ pension payment, KRW 730,410, which is 50% of the determined amount of survivors’ pension payment, and KRW 20,405,590, which is 50% of the determined amount of medical expenses, to the Plaintiff on January 5, 2015, on the ground that the site of the non-party company did not subscribe to the industrial accident compensation insurance (hereinafter “industrial accident insurance”).
[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 8, purport of whole pleading
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion that purchased an industrial accident insurance policy with respect to the deceased and paid all the industrial accident insurance premiums, and thus, the instant disposition that collected the industrial accident insurance benefits by deeming the same as the case where he neglected to report the establishment of the insurance relationship as prescribed in Articles 11 and 26 of the Employment Insurance Premium Collection Act on the ground that the deceased was dispatched to the non-party company