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(영문) 대구지방법원 2018.01.12 2017구단10345
산재보험료부과처분취소
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 running a manufacturing business with the trade name “C” in Daegu Northern-gu B.

B. On December 4, 2015, the Plaintiff commenced the instant remodeling and remodeling construction work for the second floor extension and remodeling of the building of the first floor located in the location of the said place of business (hereinafter “instant remodeling construction”).

C. However, among the remodeling works in this case, there was an accident that D, which had been engaged in rooftop waterproof construction on February 17, 2016, was involved in the accident that occurred in the safety fences around the transformers (hereinafter “instant accident”), and the Defendant recognized the said accident as an occupational accident and paid the insurance benefits under the Industrial Accident Compensation Insurance Act.

After that, on June 29, 2016, the Defendant determined that F engaged in rooftop waterproof Construction Work in the name of “E” was a contracted construction work from the Plaintiff, and that F was the amount equivalent to 50% of the insurance benefits paid to F.

E. However, F filed an administrative appeal against the above collection decision, and the Central Administrative Appeals Commission rendered a ruling revoking the above collection decision on January 17, 2017 on the ground that “It is reasonable to regard the Plaintiff, the ordering person, as the business owner, as the Plaintiff is a part of the board construction work, when the Plaintiff employed G and directly carried out steel structure construction work and the board construction work among the remodeling works in the instant case, and it was awarded a contract to F because the health of G is not good.”

F. Accordingly, on February 10, 2017, the Defendant recognized the Plaintiff as the policyholder of the industrial accident compensation insurance and issued a disposition to collect KRW 118,545,010 (hereinafter “instant disposition”) equivalent to 50% of the insurance benefits paid to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 9, Eul evidence Nos. 1, 4, and 5, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The steel structure work among the remodeling work of the Plaintiff’s assertion.

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