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(영문) 광주지방법원 2017.03.16 2016구단11875
요양불승인처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of disposition;

A. On January 27, 2016, at around 15:00, the Plaintiff fell from the roof at a height of 3 to 4 meters of work process at the construction site (hereinafter “instant construction site”) located in the business site (hereinafter “instant construction site”) located in the Yannam-gun, the Plaintiff sustained the injury, such as “the 12 chest-emitting mortar, the damage of incomplete water, and the paralysis (hereinafter “instant injury”).

B. On February 17, 2016, the Plaintiff asserted that the instant injury and disease constituted occupational accidents and filed an application for medical care benefits with the Defendant.

On March 16, 2016, the Defendant is the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”) that does not exceed KRW 20 million in the total construction cost performed by a person who is not a constructor on March 16, 2016.

2) Non-approval was made on the ground that the project constitutes “business exempt from the application of the Act” under Article 2 of the Enforcement Decree.

(hereinafter “instant disposition”). C.

The plaintiff filed a petition for review against this, but was dismissed. The plaintiff filed a petition for review to the Industrial Accident Compensation Review Committee, but the petition for review was dismissed on December 1, 2016.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 3, Eul's evidence 11-1 and 2, and the purport of whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is that the instant construction work ordered F, the owner of the land at the construction site, to remove materials, etc. on the ground while selling the land to Nonparty E, and to transfer two prefabricated containers, the construction work ordered F, the business owner of C, to remove materials, etc. and remove containers. However, the construction cost falls under the construction work amounting to at least KRW 25,80,000,000,000,000,000,000,000,000,000

Nevertheless, the instant disposition based on a different premise is unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. 1) The facts of recognition are as follows: (a) the land in this case is the land of this case, which is 847 square meters prior to the Nam-gun, Man

The owner is D, and F, the husband of the female, is the F.

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