요양급여불승인처분취소청구
1. Revocation of the first instance judgment.
2. On November 29, 2017, the Defendant rendered a disposition to grant medical care benefits to the Plaintiff.
1. The reasoning for the court’s explanation as to this part of the disposition is as stated in Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, except where the shot beamline is used by 2 pages 2 of the judgment of the court of first instance as “shot beamline” as “shot beamline.” Thus, this part is cited in accordance with the reasoning of the judgment of the court of
2. Whether the instant disposition is lawful
A. The gist of the parties’ assertion 1) The total construction cost of the Plaintiff Corporation constitutes an insurance business subject to the Industrial Accident Compensation Insurance Act exceeding 20 million won, and thus, the disposition of this case should be revoked accordingly. 2) The Defendant Corporation’s total construction cost is less than 20 million won, and thus constitutes a business subject to an exemption from insurance, and even if the total construction cost is more than 20 million won, the disposition of this case is legitimate because the Plaintiff did not constitute a worker.
B. Determination 1) Article 6 of the Industrial Accident Compensation Insurance Act provides that “this Act shall apply to all businesses or workplaces that employ workers: Provided, That this Act shall not apply to any business prescribed by Presidential Decree taking into account risk rates, sizes, places, etc., 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) provides that “construction works, the total construction amount of which is less than 20,000 won under Article 2(1)2 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act (amended by Presidential Decree No. 28506, Dec. 26, 2017),” and Article 6(b) provides that “construction works, the total construction area of which is less than 100 square meters, or construction works, the total construction area of which is less than 200 square meters, shall be excluded from insurance.”
Since there is no dispute between the parties that the total floor area of the instant construction is at least 100 square meters, the total construction cost of the instant construction is at least 20,000 square meters.