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(영문) 대구고등법원 2015.10.16 2014누6563
요양불승인처분취소
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, and the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except where the defendant adds a judgment on the newly asserted contents in the court of first instance as follows. Thus, this is acceptable as it is in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

The fourth decision of the court of first instance was prepared in the fifth fifth " and completed June 12, 2012."

From the fourth vacancy of the first instance court's decision to the second second vacancy, "the results of inquiry about the architectural firm E of this court's architectural firm" are "the results of inquiry about the architectural firm E of the first instance court and the first instance court's architectural firm E".

The term "Article 2 (2) of the Enforcement Decree of the Industrial Accident Insurance Act" shall be read as "Article 2 (3) of the Enforcement Decree of the Industrial Accident Insurance Act (amended by Presidential Decree No. 26196, Apr. 14, 2015; hereinafter the same shall apply)" from the fourth to the third half of the judgment of the first instance.

The attached Form "Related Acts and subordinate statutes" of the first instance court shall be referred to as "related Acts and subordinate statutes" of this Court.

2. Additional determination

A. Even if the Defendant’s assertion is that the instant construction site is subject to the Industrial Accident Insurance Act, the Plaintiff did not report to the Defendant the establishment of the insurance relationship under the Act on the Collection of Insurance Premiums, etc. for Employment Insurance and Industrial Accident Compensation Insurance (hereinafter “Industrial Accident Insurance Act”), and thus, cannot be subject to the Industrial Accident Insurance Act.

B. The Insurance Premium Collection Act provides that a business owner subject to the Industrial Accident Insurance Act shall naturally become an insured of industrial accident compensation insurance under the Industrial Accident Compensation Insurance Act (hereinafter “industrial accident insurance”) (Article 5(3)), and that if a business owner becomes an insured automatically pursuant to Article 5(3), he/she shall report the establishment of an insurance relationship to the Defendant within 14 days from the date the insurance relationship is established.

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