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(영문) 광주지방법원 2019.05.15 2019구단29

산업재해보상보험급여액 징수처분 취소

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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. The Plaintiff is a person who is engaged in construction machinery contracting and leasing business with the trade name called “C” in Seo-gu, Gwangju. From December 18, 2016, the Plaintiff purchased D dump truck (hereinafter “instant dump truck”) and had E drive the said vehicle and had E perform stone transportation work at the construction site of G Co., Ltd., Ltd., Ltd. (hereinafter “Sump truck”).

B. At around 14:00 on December 22, 2016, E filed an application for medical care with the Defendant on January 10, 2017, where he/she suffered from an injury of a sub-blood species that he/she was loaded on the said vehicle in order to repair at the steel laboratory located in the Haung-gun, Haung-gun, Haung-gun, while he/she loaded the crokek with wire ropes with wire ropes (hereinafter “the instant accident”).

C. As of July 11, 2016, the Defendant: (a) taken ex officio measures to establish an employment insurance and industrial accident compensation insurance (hereinafter “industrial accident insurance”) with respect to the Plaintiff’s workplace; and (b) around that time, issued a disposition to collect the employment insurance and industrial accident insurance premiums against the Plaintiff.

In addition, on December 6, 2017, the Defendant issued a collection disposition of KRW 1,960,570 equivalent to 50/100 of the industrial accident insurance benefits paid by the Defendant to E (hereinafter “instant disposition”) on the ground that the instant accident occurred while the Plaintiff neglected to report the establishment of the industrial accident insurance relationship.

E. On March 5, 2018, the Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but the said claim was dismissed on September 14, 2018, and the said dismissal ruling was served on the Plaintiff on October 9, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 6 evidence, Eul evidence 1 and 10, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was introduced to E, who was known to the general public, to transport building stones at the site of the non-party company, but E purchases dump trucks.