요양ㆍ보험급여 결정 등의 취소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is engaged in the sales manufacturing and processing business of rice tea, d (hereinafter “instant place of business”) with the trade name called Ansan-si’s member C (hereinafter “instant place of business”), and B was employed by the Plaintiff on August 18, 201, and engaged in the manufacturing business of rice tea in the instant place of business.
B. B, at around 07:00 on April 29, 2014, while working in the above place of business to teach rice dust, there was a symptoms where the body is low to the right side and there was a lack of power, and the Plaintiff’s vehicle was sent to an emergency room for the maximum hospital, and was diagnosed as cardio-cerebral cerebrovascular and cerebral cerebrovascular (hereinafter “the instant injury”).
C. On May 8, 2014, the Plaintiff reported the establishment of the industrial accident insurance relationship and the employment of workers to the Defendant, designating B as the full-time employee of the instant workplace.
B filed an application for medical care with the Defendant on June 24, 2014. On September 19, 2014, the Defendant: (a) recognized the instant injury and disease as an occupational accident; and (b) issued a disposition of approval for medical care; and (c) issued a disposition of determination of medical care benefits to extend the period of medical care until December 30, 2014, following the period of medical care extended by December 30, 2014.
(hereinafter referred to as “instant medical treatment disposition” on September 19, 2014 and October 2, 2014.
From April 29, 2014 to October 31, 2014, the Defendant paid KRW 29,003,290 as medical care benefits, temporary layoff benefits, etc. to B; and on September 30, 2014, and November 10, 2014, the Defendant issued a disposition to collect KRW 14,50,620 equivalent to the insurance benefits paid to the Plaintiff as shown in the separate sheet, on the ground that the instant disaster occurred during the period of neglecting to report the establishment of the industrial accident insurance relationship.
(hereinafter referred to as "the collection disposition of this case"). . [Grounds for recognition] . (The fact that there is no dispute, Gap evidence 1 through 4, 9 (including branch numbers; hereinafter the same shall apply), Eul evidence 12, 13, 17, and 19, and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The Plaintiff’s business hours cannot be deemed to have been excessive by 7 hours a day on average, and it may be deemed that the Plaintiff’s business hours were accumulated by chronic avoidance.