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(영문) 서울행정법원 2019.01.18 2018구합3462

산업재해보상보험급여액 징수처분 취소

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1. The Defendant’s disposition of collecting industrial accident compensation insurance benefits as indicated in the attached Table 1 against the Plaintiff shall be revoked.

2...

Reasons

1. Basic facts

A. 1) On January 18, 2016, the Plaintiff engaging in interior interior interior interior interior decoration construction business, etc. (hereinafter “B”).

() From January 18, 2016 to February 29, 2016, the term of construction contract was “B-house outdoor electric extension contract” with the contract amount of KRW 15 million (excluding value-added tax) (hereinafter the above electric extension construction referred to as “the instant primary construction project”), and the said contract was “the instant primary contract”.

(2) On March 2, 2016, the Plaintiff entered into a contract for outdoor electric extension works with B (hereinafter referred to as “instant additional construction works”); and the construction period from March 3, 2016 to March 20, 2016 (hereinafter referred to as “instant additional contract”); and the said contract for the instant additional construction works is from March 3, 2016 to March 20, 2016; and the contract amount is KRW 6.5 million (excluding value-added tax).

The written estimate is attached to the instant additional contract. According to the said quotation, the costs of materials for the instant additional project consisting of KRW 4.5 million for the payment of the Korean power deposit and KRW 1.7 million for the road restoration cost of Gangnam-gu Office.

B. (1) The occurrence of occupational accidents and the Defendant’s decision on medical care, etc.) The Plaintiff and C and the primary construction of the instant case and the instant additional construction (hereinafter collectively referred to as the “instant construction”).

(C) On March 4, 2016, while engaging in electricity extension work at the construction site of the instant construction site, C’s employees fell at a height of 4 to 5 meters and suffered injuries, such as a cage cage cages, etc. (such as above, “the instant disaster”).

(2) Upon receiving D’s application for medical care benefits, the Defendant rendered a decision on medical care under the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”) with regard to the instant accident as an approved injury.