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(영문) 광주지방법원 2014.05.15 2013구단300
산재보험급여액징수처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. Since the Plaintiff started his bath C in 193 on June 7, 1993, the Plaintiff operated the bath C in 2000, and since July 1, 2000, the Defendant failed to report the establishment of industrial accident insurance as a matter of course, thereby establishing an industrial accident and employment insurance relationship ex officio on October 19, 2004. Accordingly, the Plaintiff reported to the Defendant that there was no employee since 2005, and the insurance relationship was terminated by submitting a report on the establishment of the insurance relationship.

B. D filed an initial medical care benefit application with the Defendant on October 5, 2011, asserting that “on September 7, 2011, employed by the Plaintiff on August 5, 2011, fell from among the roof works of the 1st floor bathing room of the C building and the 1st floor of the C building, and cut down to the right.”

C. Accordingly, the Defendant recognized the instant accident as an occupational accident and paid industrial accident insurance benefits to D.

(Payment Period: 1,930,310 won for temporary layoff benefits on September 8, 201; 2,838,700 won for temporary layoff benefits on October 12, 2011; and 3,402,270 won for medical expenses on September 11, 201, for the payment period; 3,402,270 won for medical expenses on October 11, 201, for the payment period; 4,782,610 won for medical expenses on December 31, 2011.

Afterward, the Defendant: (a) paid each industrial accident insurance benefits to D on December 12, 201; (b) on January 16, 2012, 201; (c) paid each of the industrial accident insurance benefits as above; (d) KRW 965,150; and (e) KRW 1,419,350; (e) KRW 1,701,130; (d) KRW 1,891,300; and (e) paid each of the industrial accident benefits benefits paid to D during the period in which the Plaintiff neglected to report the establishment of the industrial accident insurance benefits; and (e) issued a disposition to collect the amount of industrial accident insurance benefits (hereinafter “instant disposition”).

(E) The date the insurance relationship is formed by a person who is not a constructor under the Framework Act on the Construction Industry, etc., on which the total cost of the remodeling work is at least 20 million won and the first human resources have been invested in the construction work, and the defendant is employed and the industrial accident insurance is established ex officio by applying the same on March 24, 201.

The disposition of this case.

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