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(영문) 서울고등법원 2016.11.15 2016누48777

산재보험급여액징수통지처분취소

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Details of the disposition;

A. The Plaintiff is a person who runs an enterprise specializing in shooting and lighting (hereinafter “instant place of business”) with the trade name “B” from March 29, 2011.

B. Around 02:30 on February 13, 2014, the Plaintiff, in the Goyang-si Station, was ordered to franchising from the fluor Co., Ltd. (hereinafter “producer”) around December 11, 2013, and the lighting fixture, which was scheduled to be broadcasted in SBS (hereinafter “broadcasting company”), was exposed to an accident (hereinafter “the instant accident”). Accordingly, C received a fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluording

C. C filed a claim against the Defendant for the payment of industrial accident compensation insurance (hereinafter “industrial accident insurance”), but on May 7, 2014, the Defendant rendered a disposition not to grant medical care (hereinafter “instant disposition not to grant medical care”) on the ground that the Defendant was not an employee under the Labor Standards Act.

C. On August 19, 2014, the Defendant filed a request for review against this, and the Defendant rendered a review to revoke the disposition for refusal of medical care (hereinafter “instant review”) by deeming C as a worker under the Labor Standards Act according to the review result of the Industrial Accident Compensation Insurance Review Committee.

E. On September 3, 2014, the Defendant demanded that the Plaintiff submit to the Plaintiff the “report on the formation of insurance relationship” and the “report on the confirmation of the contents of employment to the employees,” by September 18, 2014, since the instant disposition on the approval of the medical care was revoked by the Defendant. As such, the instant place of business falls under the scope of application pursuant to Articles 2 and 5 of the Act on the Collection of Insurance Premiums, etc. for Employment Insurance and Industrial Accident Compensation Insurance (hereinafter “Insurance Premium Collection Act”).

F. The Plaintiff requested C around March 18, 2014, which was after the initial accident of this case.