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(영문) 서울행정법원 2015.01.13 2014구합9271
산재요양불승인및고용보험료부과처분취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On September 7, 2013, at around 09:00, the Plaintiff was diagnosed as follows: “A factory demolition and repair works (hereinafter “instant construction works”) that did not collapse the roof floor and fall (hereinafter “the instant disaster”) while performing the construction of factory roof lifts repair works, and filed an initial medical care benefit application with the Defendant under the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”) around November 27, 2013.

B. On November 27, 2013, D, the representative of C, reported the establishment of the instant construction industrial accident insurance and employment insurance relationship to the Defendant, and the Defendant, prior to reporting the establishment of the insurance relationship, conducted an investigation into the non-life insurance relationship in which the instant accident occurred, and on December 27, 2013, conducted an investigation into the non-life insurance relationship with the business owner, and on December 27, 2013, the first C’s employment insurance and industrial accident insurance establishment date was the date of August 30, 2013, and the instant accident occurred within 14 days thereafter.

The process of the insurance relation formation report was completed.

C. Thereafter, the Defendant rendered a reinvestigation on February 28, 2014 on the ground that the Plaintiff’s business owner of the instant construction project could not be deemed a worker under the Labor Standards Act, rather than a worker affiliated with C, and was not subject to the Industrial Accident Insurance Act. On April 14, 2014, the Defendant issued a disposition to collect industrial accident insurance premiums of KRW 704,30 (including arrears of KRW 54,530) and employment insurance premiums of KRW 28,760 (including arrears of KRW 22,230) from the Plaintiff.

The "disposition of this case" in total of the disposition of non-approval for the first application for medical care benefits and the disposition of collection of industrial accident insurance premiums and employment insurance premiums.

(ii) [In the absence of a dispute over the grounds for recognition, entry in Gap's evidence, Gap's evidence Nos. 1, 2, 3, 4, 5, and 6, the purport of the whole pleadings

2. The case.

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