beta
(영문) 부산지방법원 2017.12.01 2017구합1859

산업재해보상보험급여액징수처분취소

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. The Plaintiff is a corporation for the business of manufacturing fishery products, etc., and completed the registration of incorporation and business registration with its place of business and location of its principal office located in the Young-gu, Busan Metropolitan City (hereinafter “ Busan Metropolitan City”).

The plaintiff had a place of business in Seocho-gu Seoul Metropolitan Government 105 (hereinafter referred to as "Seoul place of business") in addition to the above Busan place of business.

B. The actual representative of the Plaintiff is D, and the Plaintiff concluded an employment contract with E on April 16, 2014.

E, from April 16, 2014, began to work alone at the plaintiff's place of business, and the employees of the plaintiff except for E have worked at the Seoul place of business since that time.

C. On the other hand, on April 29, 2014, the Plaintiff reported to the Defendant on the establishment of an industrial accident compensation insurance (hereinafter “industrial accident insurance”) with respect to his/her business establishment (type of business: wholesale and retail, consumer product repair business), but did not separately report the establishment of the industrial accident insurance relationship with respect to his/her business establishment in Busan.

E around 09:12 on May 29, 2015, while working at the Busan place of business, died of low-weight shocks due to the damage to the dystroke in the wind to the right bridge on the elevator for cargo in the workplace.

(hereinafter the above accident is referred to as “the instant accident” and the deceased E is referred to as “the deceased”). E.

The bereaved family members of the deceased claimed bereaved family's benefits and funeral expenses to the head of the defendant's Busan Regional Headquarters on the grounds that the deceased died from an occupational accident, but the head of the defendant's Busan Regional Headquarters made a disposition of bereaved family's benefits and funeral funeral expenses on November 11, 2015 on the ground that the deceased does not constitute a worker under the Labor Standards

Accordingly, on November 26, 2015, the bereaved family members of the deceased filed a request for review with the defendant on November 26, 2015 and received a decision of dismissal on January 2016, but filed a request for reexamination with the Industrial Accident Insurance Review Committee.

참조조문