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(영문) 창원지방법원 2015.01.30 2014구합1343

산업재해보상보험급여액 징수처분 취소

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. From June 7, 2012, the Plaintiff is running a manufacturing business, construction business, etc. with the trade name “C,” wherein B of the Changwon-si window as its place of business is located.

B. On February 21, 2013, with respect to the factory repair works of E Co., Ltd. in Gyeong-gun, Gyeong-gun (hereinafter “E”), a construction contract was drafted on February 21, 2013 with the content that the Plaintiff shall implement the construction works of electric facilities, external walls, septic tanks and ancillary facilities in the name of the Plaintiff and E, with the payment of KRW 212,50,000 for the construction work cost (excluding value-added tax).

C. Moreover, on March 20, 2013, the report on the establishment of the insurance relationship for the employment insurance and industrial accident compensation insurance (hereinafter “industrial accident insurance”) prepared in the name of the Plaintiff regarding the said construction was submitted to the Defendant.

On the other hand, prior to the submission of the said report on the establishment of the insurance relationship, G and the Plaintiff’s name engaging in the business on February 28, 2013, and G agreed to perform the external wall construction work in the said construction work at KRW 65,00,000.

E. On March 17, 2013, H was an employee of the above “F,” and was faced with an accident that fells in the instant E plant repair work site, resulting in a vadle, vadi, which is flue.

After that, H filed an application for industrial accident insurance benefits with respect to occupational accidents caused by the above accident with H, and the Defendant paid H the sum of the industrial accident insurance benefits, including medical expenses, medicine expenses, and temporary layoff benefits, from March 17, 2013 to October 14, 2013, as follows:

F. On October 27, 2013, the Defendant: (a) deemed that the Plaintiff, as the business owner of the said construction project, commenced a business consultation on February 25, 2013; (b) and (c) pursuant to Article 11(1) of the Act on the Collection of Insurance Premiums, etc. for Employment Insurance and Industrial Accident Compensation Insurance (hereinafter “Employment Insurance Premium Collection Act”), the Defendant should report the establishment of the industrial accident insurance relationship within 14 days from the commencement of the relevant construction project; (d) however, during the period of neglect, the said business.