산재보험료부과처분취소
The defendant's appeal is dismissed.
Of the appeal costs, the part between the plaintiff and the defendant is the defendant's participation.
1. The argument that the Defendant cited the judgment of the court of first instance is not significantly different from the argument in the court of first instance, and even if the evidence submitted in the court of first instance, including the testimony of the witness at the court of first instance, was examined again by adding the evidence additionally submitted in this court, the deceased provided labor to the Plaintiff regarding the instant work.
The fact-finding and decision of the first instance court that the disposition of this case was unlawful is justified for the reason that it is difficult for the plaintiff to be recognized as the business owner.
Therefore, the reasoning of this court concerning this case is identical to the reasoning of the judgment of the court of first instance, except for dismissal or addition as follows. Thus, this court shall accept it as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.
2. Following the 6th page of the first instance judgment of the part which is dismissed or added, the 6th page “A evidence Nos. 2 and 3” of the first instance judgment is added to “the testimony of the witnessJ at the trial.”
The following shall be added to the 6th page 17 of the first instance judgment.
D, upon receipt of a written contract, D visited a director's office or introduction through a seal, visited him/her to ascertain the accurate removal, and prepare a written contract, and when preparing a written work order in the office on each day, J identified the existence of work, the number of directors, necessary human resources, etc. in accordance with the work order, and D did not prepare a written contract and work order as to the instant work, and both J and K stated to the effect that there was no office work scheduled as of August 9, 2016, which is the work date in the instant office.
D had to contact the Deceased on the instant work on the day before the instant work date, and had to contact the J. At that time, D was unaware of the accurate size, contract amount, and address of the place of work, etc., and the J was a witness on the date of the criminal trial against D.