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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for an additional determination as to the Plaintiff’s assertion in the trial of the court of first instance as stated in paragraph (2). Thus, this is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
2. Additional determination
A. The purpose of the Industrial Accident Compensation Insurance Act is to compensate workers for occupational accidents promptly and fairly, establish and operate insurance facilities necessary to promote the rehabilitation of workers suffering from occupational accidents and their return to society, and to contribute to the protection of workers by carrying out projects to prevent accidents and promote workers' welfare (Article 1). For this purpose, the Industrial Accident Compensation Insurance Act (Article 11(1)1 and 2) provides that the defendant establishes the defendant and has the defendant take charge of the management and maintenance of records on the insured and beneficiaries, and the collection of insurance premiums and other money collectable under the Insurance Act (Article 11(1)1 and 2). The industrial accident insurance is a public insurance with public interest and compulsory nature as above. The plaintiff naturally becomes an industrial accident insurance policyholder under the Industrial Accident Compensation Insurance Act (Article 5(3) of the Industrial Accident Compensation Insurance Act). If the plaintiff and the business owner of the same party applies for commencement after obtaining a construction permit from an administrative agency, the defendant is obligated to verify relevant information from the relevant administrative agency, such as a local government, and to issue an industrial accident insurance premium notice accordingly.
3. Therefore, if the Defendant did not notify the Plaintiff of the payment of the industrial accident insurance premium, and the Defendant did not report the establishment of the insurance premium to the Defendant within 14 days after the establishment of the insurance relationship under the Industrial Accident Compensation Insurance Act, the Defendant can collect all or part of the industrial accident insurance benefits paid by the Defendant from the employer.