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(영문) 대전고등법원 2018.10.11 2018누11980

업무정지처분취소

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance as to this case is as follows, except for the addition of the attached Form of the judgment of this case, and thus, it is consistent with the reasoning of the judgment of the court of first instance. Thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the

The term "health management institution" in the second parallel 4 shall be improved to the "specialized health management institution".

The former Occupational Safety and Health Act (amended by Act No. 14788, Apr. 18, 2017; hereinafter referred to as the “Act”) under the Act on the Safety and Health Act in the Second Class 7 of the Act.

b) in 198,00

The Enforcement Decree of the former Enforcement Decree of the Industrial Safety and Health Act (amended by Presidential Decree No. 28368, Oct. 17, 2017; Presidential Decree No. 28368, hereinafter referred to as the “Enforcement Decree of the Act”).

b) in 198,00

In Chapter 2, the Enforcement Rule of the Act (amended by Ordinance of the Ministry of Employment and Labor No. 197, Oct. 17, 2017; hereinafter referred to as the “Enforcement Rule of the Act”) shall be the Enforcement Rule of the former Occupational Safety and Health Act.

b) in 198,00

Part 3 5 of the 5th violation of the 5th violation of the 5th violation of the 5th violation of the 7th violation of the 5th disposition of this case.

1) Doz. Doz. Da.

The 3th-Class 13 to 4th-Class 13 are as follows.

[A] The Plaintiff asserts that Article 15-5 subparag. 3 of the Enforcement Decree of the Act (hereinafter “instant provision”) should not simply be construed as a case where a specialized health management institution neglects its business affairs and should not be construed as a case where a specialized health management institution neglects its business affairs.”

The health management business is related to the health or life of workers and it is essential to endeavor to take preventive measures after the results of industrial accidents, etc. have occurred, and it is difficult to directly recognize the effects of health management business due to its nature and it is also difficult for the specialized health management institution to do so.