[요양불승인처분취소][공2015상,30]
The method of determining whether buildings with no walls or structure necessary for determining the standard unit price prescribed in the Regulations on Calculation of the total construction cost of construction works executed by a person other than a constructor, as publicly notified by the Minister of Labor with respect to the calculation of the total construction cost, which is the criteria for the business exempt from the Industrial
Article 2(1)2 of the former Enforcement Decree of the Act on the Collection of Insurance Premiums, etc. for Employment Insurance and Industrial Accident Compensation Insurance (amended by Presidential Decree No. 22269, Jul. 12, 2010) (amended by Presidential Decree No. 2008-96, Jul. 12, 2010) provides that Article 6(1) of the "Regulations on the Calculation of Total Amount of Construction Works Executed by a person other than a constructor" shall be calculated based on the total floor area in a construction permit, and the structure of a building including the existence of a wall, which is an element for the determination of standard unit price, shall not be governed by a construction permit. In light of the main sentence of Article 6(4) of the same Act, the determination of whether a building is a building with no purpose, structure, or wall necessary for the determination of the standard unit price prescribed in the above notice shall be made by comprehensively considering not only the details of the construction permit, but also the content of the construction contract directly by a construction owner.
Article 6 of the Industrial Accident Compensation Insurance Act; Article 2(1)3(a) of the Enforcement Decree of the Industrial Accident Compensation Insurance Act; Article 2(1)2 of the Enforcement Decree of the former Act on the Collection of Insurance Premiums, etc. for Employment Insurance and Industrial Accident Compensation Insurance (Amended by Presidential Decree No. 22269, Jul. 12, 2010)
Plaintiff (Attorney Han-han et al., Counsel for the plaintiff-appellant)
Korea Labor Welfare Corporation
Defendant joining the Defendant (Law Firm Hanl, Attorney Lee In-bok, Counsel for defendant-appellant)
Daejeon High Court Decision 2011Nu1953 decided April 19, 2012
The appeal is dismissed. The costs of appeal are assessed against the Plaintiff, including the part arising from the supplementary participation.
The grounds of appeal are examined.
Article 6 (proviso) of the Industrial Accident Compensation Insurance Act and Article 2 (1) 3 (a) of the Enforcement Decree of the same Act provide that the Industrial Accident Compensation Insurance Act shall not apply to construction works, among construction works executed by a person who is not a constructor under the Framework Act on the Construction Industry, whose total construction cost under Article 2 (1) 2 of the Enforcement Decree of the Act on the Collection of Insurance Premiums, Etc. for Industrial Accident Compensation Insurance, does not exceed 20 million won. The proviso to Article 2 (1) 2 of the former Enforcement Decree of the Act on the Collection of Insurance Premiums, etc. for Industrial Accident Compensation Insurance (amended by Presidential Decree No. 22269, Jul. 12, 2010) provides that the standard construction cost shall be calculated based on the standard construction cost determined and publicly notified by the Minister of Labor if a person who is not a constructor under the provisions of Article 41 of the Framework Act on the Construction Industry constructs a building project, and that the standard construction cost shall be calculated based on the standard construction cost determined and publicly notified by Article 2 (1).6).
After finding the facts as indicated in its reasoning, the lower court determined that the instant construction falls under the exception business of the Industrial Accident Compensation Insurance Act on the grounds that the total construction cost calculated by multiplying the standard unit price for the type of the instant warehouse and stable constructed under the instant construction contract by the total floor area specified in the construction permit does not exceed 20 million won.
In light of the above legal principles and records, the above determination by the court below is just, and there is no error of law by misapprehending the legal principles on the business excluded from the Industrial Accident Compensation Insurance Act.
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party, including the portion arising from the supplementary participation. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Lee Sang-hoon (Presiding Justice)