2014Nu47879 Revocation of Disposition to collect industrial accident compensation insurance benefits

A

Korea Labor Welfare Corporation

Seoul Administrative Court Decision 2013Guhap5871 Decided March 28, 2014

September 16, 2014

October 7, 2014

1. The plaintiff's appeal is dismissed.

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

The judgment of the first instance is revoked, and the defendant's disposition of collecting industrial accident compensation insurance benefits of KRW 47,450,000 against the plaintiff on June 4, 2012 is revoked.

1. Quotation of judgment of the first instance;

The reasoning for this Court’s reasoning is as follows: (a)(1)(b) at the end of the judgment of the court of first instance, which is the part concerning the determination of the deceased’s worker status, is as stated in the reasoning of the judgment of the court of first instance, except for adding the following to the end of Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. The addition;

“In the trial, the Plaintiff submitted additional statements of F and H as evidence in support of the assertion that the Deceased cannot be deemed a worker of C at the trial, but these statements are difficult to believe as they are in light of the background and time of the preparation. Furthermore, the Plaintiff himself/herself merely lent the name of the business owner to G and the business owner who employs the Deceased is G. However, the evidence submitted by the Plaintiff alone is insufficient to recognize it, and it is difficult to view the Plaintiff as merely a simple nominal lender in that G is the husband of the Plaintiff.”

3. Conclusion

Therefore, the plaintiff's claim is dismissed, and 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.

The presiding judge shall admonish a judge;

Judgment's normal rules

Judges Go Il-il