In determining whether a construction project is subject to the Industrial Accident Compensation Insurance Act, standards for calculating total floor space of buildings

Among construction works, buildings not constructed by any person other than a constructor under the former Construction Business Act (wholly amended by Act No. 5230 of Dec. 30, 1996), which are buildings with a total floor area exceeding 495 square meters, are naturally subject to the Industrial Accident Compensation Insurance Act, and construction works with a total floor area not exceeding 495 square meters shall be subject to approval of the Korea Workers' Compensation and Welfare Corporation's purchase of insurance. The calculation of the total floor area shall be the sum of floor areas of each floor of each building pursuant to the main sentence of Article 5 (1) of the former Enforcement Decree of the Construction Business Act (wholly amended by Presidential Decree No. 1543 of Jul. 10, 1997), and even if construction works with several buildings are built by one construction project, the total floor area of all buildings included in the Industrial Accident Compensation Insurance Act shall not be added to one building project, or whether a building is one building or not, depending on whether a building permit is a building or not, and whether it shall be registered fairly and promptly as a worker's report and its purpose.

Articles 5, 7(1) and (2) of the Industrial Accident Compensation Insurance Act, Article 3(1)6 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act, Article 4 subparag. 2 of the former Construction Business Act (wholly amended by Act No. 5230 of Dec. 30, 1996), Article 5(1) of the former Enforcement Decree of the Construction Business Act (wholly amended by Presidential Decree No. 15433 of Jul. 10, 1997)

Supreme Court Decision 86Nu518 delivered on December 9, 1986 (Gong1987, 170) Supreme Court Decision 97Nu1078 delivered on February 28, 1989 (Gong1989, 543) Supreme Court Decision 90Nu28 delivered on May 11, 1990 (Gong1990, 1278) Supreme Court Decision 90Nu4204 Delivered on January 25, 1991 (Gong191, 877)

Plaintiff (Attorney Han-soo et al., Counsel for plaintiff-appellee)

Korea Labor Welfare Corporation

Seoul High Court Decision 97Gu31993 delivered on February 13, 1998

The appeal is dismissed. The costs of appeal are assessed against the defendant.

We examine the grounds of appeal.

1. In full view of the provisions of Articles 5 and 7(1) and (2) of the Industrial Accident Compensation Insurance Act, Article 3(1)6 of the Enforcement Decree of the same Act, and the main sentence of Article 4 subparag. 2 of the former Construction Business Act (amended by Act No. 5230 of Dec. 30, 1996) among construction works, buildings not constructed by any person other than a constructor under the former Construction Business Act are subject to the Industrial Accident Compensation Insurance Act as a matter of course for construction works with a total floor area exceeding 495 square meters. Construction works with a total floor area not exceeding 495 square meters are subject to the same Act. The calculation of the total floor area shall be determined by comprehensively considering the construction business (amended by the Presidential Decree No. 15430 of Jul. 10, 1997)’s main sentence of Article 5(1) of the former Enforcement Decree of the same Act and the main sentence of the former Construction Business Act (amended by the Enforcement Decree of the Framework Act on the Construction Industry).

2. According to the reasoning of the lower judgment and the record, a building newly built on the ground by Nonparty 1 and Nonparty 2’s ○○○○○○○○○○○○ was contracted by Nonparty 3 for a contract with Nonparty 3, was entered in the building report as the 390m2, Dong-dong (B), 390m2, Dong-dong (C), 160m2, Dong-dong (D), 350m2, Dong-dong (D), 385m2, Dong-dong, 385m2, Dong-dong, 170m2, Dong-dong (C), and 276m2, Dong-dong, Dong-dong, 276m2, and as a whole, the construction completion inspection was concluded to be one of the 380m2, Dong-dong, Dong-dong, 1580m2, Dong-dong, 1300m2, Dong-dong, 276m2, Dong-dong (D).

Therefore, since the total floor area exceeds 495 square meters as a building with a total floor area of 594.6 square meters = 385 square meters + 170 square meters + 39.6 square meters), the said construction works should be deemed as construction to which the Industrial Accident Compensation Insurance Act applies.

The lower court determined that the Industrial Accident Compensation Insurance Act shall apply as a matter of course, since the total floor area of the above building exceeds 880 square meters under the contract (580 square meters + 300 square meters) and the actual 870.6 square meters (175 square meters + 276 square meters + 39.6 square meters) and exceeds 495 square meters, the lower court determined that the Industrial Accident Compensation Insurance Act shall apply as a matter of course. In so doing, the lower court erred in the conclusion that the foregoing building’s total floor area exceeds 495 square meters, but it is reasonable for the lower court to have concluded that the total floor area of the above building exceeds 495 square meters. Ultimately

3. Therefore, the appeal is dismissed and all costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Yong-hun (Presiding Justice)