Whether an appeal for the decision on the collection of industrial accident compensation insurance benefits shall undergo the procedure of filing a request for examination and reexamination through a prior trial procedure (affirmative)

According to the provisions of Article 72 (1) 1 of the former Industrial Accident Compensation Insurance Act (amended by Act No. 5398 of Aug. 28, 1997), where a business owner pays the insurance benefits for any accident that has occurred during the period in which he neglected to report the purchase of insurance under Article 12 of the same Act, the Korea Workers' Compensation and Welfare Corporation may collect all or part of such benefits from the insured under the conditions as prescribed by the Presidential Decree. According to the provisions of Articles 8 (1), (3) and (5), and 90 (1) and (3) of the same Act, a person who is dissatisfied with the decision on the insurance benefits may make a request for examination to the Corporation within 60 days after he/she becomes aware of the decision on the insurance benefits, while a person who is dissatisfied with the decision on the request for examination may not raise an administrative appeal under the Administrative Appeals Act against the decision on the insurance benefits, and the person who is dissatisfied with the decision on the request for examination may file a request for reexamination to the Industrial Accident Compensation Insurance Examination Committee within 60 days after the decision on the request for examination.

Articles 12, 72(1)1, 88(1), (3), (5), and 90(1) and (3) of the Industrial Accident Compensation Insurance Act

Supreme Court Decision 75Nu8 delivered on September 23, 1975 (Gong1975, 8662) Supreme Court Decision 81Nu344 delivered on December 23, 1983 (Gong1984, 265)

Daegu Housing Co., Ltd. (Law Firm Ansan-dong Comprehensive, Attorneys Jeon Sang-hoon et al., Counsel for the defendant-appellant)

Korea Labor Welfare Corporation

Daegu High Court Decision 97Gu4303 delivered on December 29, 1997

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

We examine the grounds of appeal.

According to the provisions of Article 72 (1) 1 of the former Industrial Accident Compensation Insurance Act (amended by Act No. 5398 of Aug. 28, 1997; hereinafter referred to as the "Act"), where a business owner pays insurance benefits for an accident which occurred while he neglected to report the insurance coverage under Article 12 of the Act, the Korea Workers' Compensation and Welfare Corporation (hereinafter referred to as the "Corporation") may collect all or part of such benefits from the insured under the conditions as prescribed by the Presidential Decree. According to the provisions of Articles 88 (1), (3), (5), and 90 (1) and (3) of the Act, a person who is dissatisfied with the decision on insurance benefits may file a request with the Corporation for an administrative appeal under the Administrative Appeals Act against the decision on the insurance benefits, and a person who is dissatisfied with the decision on the request for examination may file a request for reexamination with the Industrial Accident Compensation Insurance Examination Committee within 60 days after he becomes aware of the decision on the request for examination, and a person who is dissatisfied with the decision on the request for examination shall file a request for review.

With the same opinion of the court below, it is just for the court below to determine whether the plaintiff took the pre-trial procedure prescribed by the above law on the same premise, and there is no error in the misapprehension of legal principles as discussed above. There is no ground for argument.

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 Final Young-young (Presiding Justice)