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(영문) 서울고등법원 2014.10.07 2014누47879
산업재해보상보험급여액징수처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court's explanation concerning this case is that of the judgment of the court of first instance concerning the worker status of the deceased among the judgment of the court of first instance

D. (1) (b) is the same as the part on the grounds of the judgment of the first instance except for the addition of the following items at the end of paragraph (1)(b). As such, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act

2. Additional parts of the “(the Plaintiff, in the trial, submitted additional statements of F and H as evidence supporting the claim that the Deceased cannot be deemed a worker of C, but they cannot be believed as they are in light of the developments leading up to or the timing of the preparation. Furthermore, although the Plaintiff merely lent the name of the business owner to G and the business owner employed the Deceased, it is insufficient to recognize this only by the evidence submitted by the Plaintiff, and it is difficult to view that G is a mere nominal owner in that it is the husband of the Plaintiff.

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3. Thus, the plaintiff's claim is dismissed. The judgment of the court of first instance with the same conclusion is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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