요양신청불승인처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On March 9, 2015, the Plaintiff, as an employee of the New Walls Resources Co., Ltd. (hereinafter “New Walls Resources”), fell in the process of removing mhemtex (hereinafter “hemtex”) at the place of business of Jmtex (hereinafter “hemtex”), and was suffering from the injury of “the emtex (i.g., e., e., e., g., e., g., e., g., e., g., e., g., e., g., e., g., e., e., e., e.,
On April 17, 2015, the Defendant issued an approval for first medical care due to the reason that the construction work executed by a person who is not a constructor is less than KRW 20 million and constitutes an exception project to the Industrial Accident Compensation Insurance Act.
(hereinafter “Disposition in this case”). 【No dispute exists, Eul evidence Nos. 1-10, the purport of the entire pleadings
2. Whether the disposition is lawful;
A. While the Plaintiff’s assertion was engaged in the work in accordance with the waste collection and cleaning service agreement between the new wall resources and mhemtex, the removal work was conducted by adding the process to the content of the work by oral agreement between the new wall resources and mhemtex, and thus, the aforementioned removal work was conducted as part of sanitation and similar service business, and does not constitute construction work, and thus, it does not constitute an exception to the Industrial Accident Compensation Insurance Act.
The instant disposition taken on a different premise is unlawful.
B. Article 6 of the Industrial Accident Compensation Insurance Act and Article 2 (1) 3 (a) of the Enforcement Decree of the same Act provide employment insurance to a person other than a housing construction business operator under the Housing Act, a constructor under the Framework Act on the Construction Industry, a construction business operator under the Electrical Construction Business Act, an information and communications construction business operator under the Information and Communications Construction Business Act, a fire-fighting system business operator under the Fire-Fighting System Installation Business Act, or a cultural heritage repair business operator under Article