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(영문) 서울행정법원 2015.01.09 2013구합62022

보험급여액 징수처분 취소 청구

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1. The Defendant’s disposition of collecting industrial accident compensation insurance benefits of KRW 14,095,110 against the Plaintiff on March 5, 2013.

Reasons

Details of the disposition

From September 25, 2008 to Gwanak-gu in Seoul Special Metropolitan City, the Plaintiff is running a restaurant business of a size of 10 square meters with the trade name "C" located in Gwanak-gu in Seoul Special Metropolitan City.

(hereinafter “instant restaurant”). The Plaintiff employed D on April 4, 2012, on the condition of monthly salary of KRW 1.5 million, and twice a month, with a view to having the Plaintiff perform the duties, such as kitchen support and ice ice ice.

D around 13:00 on April 7, 2012, 2012, D laund the top of the entrance of the instant restaurant according to the direction of the Plaintiff, and lapared it out to the outside to have its personal identity, and received a diagnosis of “closion and tension” at a nearby oriental medical clinic.

D, however, was diagnosed on April 8, 2012 as being accompanied by a sacratium 3, 2012, and was diagnosed as being accompanied by a sacratium 3, sacratium 5, sacratium 3, sacratium, and sacratium sacrat.

(hereinafter referred to as “the instant disaster”). D, on April 9, 2012, under the influence of blood refining and metal corrosioning at the E Hospital, he/she completed the medical care on September 22, 2012 and October 12, 2012 after having undergone metal removal.

On February 14, 2013, the medical officer in charge of the E Hospital conducted a disability diagnosis on the ground that "the active exercise scope of the E Hospital, which is not through the dynamics of the Eassium, seems to be reduced by at least 1/2."

D The Defendant claimed an industrial accident medical care benefits and temporary disability compensation benefits on January 10, 2013, and the disability benefits on February 14, 2013.

After making a decision on disability under class 14 of class 10 with respect to D, the Defendant paid industrial accident insurance benefits of KRW 28,192,200 in total, such as temporary disability compensation benefits, dual-income care expenses, and lump sum of disability benefits.

The Defendant is subject to the Act pursuant to Article 6 of the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”), and accordingly, the Act on the Collection of Insurance Premiums, etc. for Employment Insurance and Industrial Accident Compensation Insurance (hereinafter “Industrial Accident Compensation Insurance Act”) on the ground that the instant restaurant falls under a place of business with at least one regular employee from November 1, 201.