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(영문) 서울고등법원 2016.10.18 2016누39056

요양.보험급여지급결정취소

Text

1. The defendant's appeal is dismissed.

2. The Intervenor joining the Defendant shall bear the costs of the intervention in the appeal.

Reasons

1. The reasoning of the court's explanation concerning this case is that "B" of the second 5, 9, 3, 2, and 3 of the judgment of the court of first instance was received as "the intervenor", "A" of the second 7, and 8 of the judgment of the court of first instance, "A 1 through 3 (including paper numbers, hereinafter the same shall apply), and "B 1" of the 15 of the judgment of first instance as "A 1 through 3 (including paper numbers, hereinafter the same shall apply), and "A 1", respectively, and the 2-B of the judgment of the court of first ;

C. Inasmuch as the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act

2. The judgment of the court of first instance 2-B of the same portion, which is also dismissed.

(c)afford as follows:

B. 1) Determination of the first argument is that Article 6 of the Industrial Accident Compensation Insurance Act is a business or workplace (hereinafter “business”) that employs workers.

applicable to this section.

This Act shall not apply to projects prescribed by Presidential Decree in consideration of the risk rate, scale, place, etc.: Provided, That this Act shall not apply.

Article 2(1)5 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act provides that "business with less than one regular worker" shall be excluded from the application of the Industrial Accident Compensation Insurance Act. Article 2-2(1) of the Enforcement Decree of the same Act provides for the method of calculating the number of regular workers. "The number of regular workers shall be calculated by dividing the number of regular workers for 14 days from the date the regular worker was first employed after commencing the business by 14.

In such cases, if the number of workers at ordinary times is less than one, it shall be calculated by dividing the total number of workers employed for 14 days in the 14th order from the date of the first employment of workers by 14.

Here, the term “business with less than one regular worker” refers to the business in which the number of regular workers is less than one.