산재보험적용사업장변경불승인처분취소
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
The grounds of appeal are examined.
1. In order that an administrative agency’s rejection of a citizen’s petition constitutes an administrative disposition subject to an appeal litigation, the administrative agency should have the right to request a citizen’s action in accordance with laws and regulations or sound reasoning. However, in a case where an administrative agency does not accept a citizen’s petition without such right, such rejection cannot be deemed to affect the applicant’s right or legal interest, and thus, it cannot be deemed an administrative disposition subject to
(See Supreme Court Decision 2004Du11626 Decided April 15, 2005; Supreme Court Decision 2012Du22966 Decided July 10, 2014, etc.).2. A.
The judgment below
According to the reasons, the defendant's disposition of approval for medical care in relation to the application of E's medical care benefits suffered from occupational accidents shall be taken, and the plaintiff shall be deemed the plaintiff and notified the plaintiff of approval for medical care. The plaintiff asserted that E is not his/her employee, and the plaintiff filed the application of this case seeking the change of the business owner, but the defendant notified
B. First, relevant statutes, such as the Industrial Accident Compensation Insurance Act, the Act on the Collection of Insurance Premiums, etc. for Industrial Accident Compensation Insurance (hereinafter “Industrial Accident Compensation Insurance Act”) do not provide for the employer to apply for change of the employer on the ground that the employer is not the employer himself/herself but a third party with respect to occupational accidents already occurred, as seen in the instant application. Therefore, such application cannot be deemed to be recognized under the relevant laws and regulations.
① Furthermore, according to Article 6 of the Industrial Accident Compensation Insurance Act and Articles 5(3) and 7 subparag. 2 of the Industrial Accident Compensation Insurance Act, in principle, the business owner of any business or workplace that employs workers is naturally insured of industrial accident compensation insurance (hereinafter “industrial accident compensation insurance”).