요양불승인처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On August 25, 2017, the Plaintiff was a daily worker employed by “B” and was subject to an accident falling below 4-6 meters at the site of the Construction Work and Sound Improvement Work (hereinafter “the Construction Work”).
B. After the occurrence of the instant case, the Plaintiff was diagnosed as “the pelle between the former pelle of the left pelle of the left pelle and the latter slele of the left slele of the left slele of the left sle of the Plaintiff,” and applied for the recognition of medical care
On November 8, 2017, the Defendant issued a medical care non-approval disposition (hereinafter the instant disposition) on the ground that “the instant construction project is not subject to the Industrial Accident Compensation Insurance Act pursuant to the proviso to Article 6 of the Industrial Accident Compensation Insurance Act and Article 2(1)3(a) of the former Enforcement Decree of the Industrial Accident Compensation Insurance Act (amended by Presidential Decree No. 28506, Dec. 26, 2017; hereinafter the same)” on the ground that “the total construction cost of the instant project is less than KRW 20,00,000.
C. The Plaintiff dissatisfied with the instant disposition and filed a request for review with the Defendant on March 13, 2018, but was dismissed on or around May 25, 2018, and filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee on or around May 25, 2018, but was dismissed on August 16, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 6 and 7, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. According to Article 6 of the Industrial Accident Compensation Insurance Act and Article 2(1)3(a) of the former Enforcement Decree of the Industrial Accident Compensation Insurance Act, the Industrial Accident Compensation Insurance Act shall not apply to “construction work, the total cost of which under Article 2(1)2 of the Enforcement Decree of the Act on the Collection of Insurance Premiums, etc. for Employment Insurance and Industrial Accident Compensation Insurance, executed by a person other than a constructor under the Framework Act on the Construction Industry, is less
In addition, according to Article 2 (1) 2 of the Enforcement Decree of the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance, the total cost of construction shall, in principle, be the total construction.