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(영문) 서울행정법원 2016.05.20 2015구합61917
산재보험급여액징수통지처분취소
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. The Plaintiff is a person who runs an enterprise specializing in shooting and lighting (hereinafter “instant place of business”) with the trade name “B” from March 29, 2011.

B. At around 02:30 on February 13, 2014, C: (a) around December 11, 2013, the Plaintiff was ordered to take the fluor from ABS Co., Ltd. (hereinafter “producer”); (b) A, while performing the shooting and lighting operations of the Rama “E” that was scheduled to be broadcasted by SBS (hereinafter “broadcasting company”), was involved in an accident that the fluor was fluord by contact with high voltage lines of high-speed railroads (hereinafter “instant accident”); and (c) accordingly, C was subject to cutting and fluoring the images into the left hand and fluor’s 4,5 parts and fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluoring.

C. C filed a claim against the Defendant for the payment of industrial accident insurance benefits, but on May 7, 2014, the Defendant rendered a disposition not to grant medical care (hereinafter “instant disposition not to grant medical care”) on the ground that the Defendant was not a worker under the Labor Standards Act.

C. On August 19, 2014, according to the results of deliberation by the Industrial Accident Compensation Insurance Review Committee, C deemed C to be a worker under the Labor Standards Act, and accordingly revoked the disposition for non-approval of medical care (hereinafter “instant review and decision”).

E. On September 3, 2014, the Defendant demanded that the Plaintiff submit the “report on the formation of insurance relationship” and the “report on the confirmation of the work content” to the Plaintiff by September 18, 2014, because the instant disposition on the approval of the medical care was revoked by the Industrial Accident Compensation Insurance Review Committee. As such, the instant place of business falls under the obligatory application pursuant to Articles 2 and 5 of the Act on the Collection of Insurance Premiums, etc. for Employment Insurance and Industrial Accident Compensation Insurance (hereinafter “Insurance Premium Collection Act”).

F. The Plaintiff requested C around March 18, 2014, which was after the initial accident of this case.

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