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(영문) 대구지방법원 2016.05.13 2015구단11269
요양급여 부지급처분 취소
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. On October 16, 2013, the Plaintiff received a diagnosis of the “Stop Ham Ham Ham Hamk-gun, etc. (hereinafter “the instant construction”) located in C (State) D, which was located in B, and applied for medical care to the Defendant after receiving the diagnosis of the “Stop Ham Ham Ham Ham Ham Ham Hak-gun, etc. (hereinafter “the instant construction”).

B. On June 9, 2015, the Defendant rendered the instant disposition against the Plaintiff on the ground that the instant construction cost was less than 20 million won and that the Industrial Accident Compensation Insurance Act is not applicable.

[Judgment of the court below] The ground for recognition is without merit, Gap evidence Nos. 1 and 3, and the ground for appeal

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion that this case’s construction work occurred during the work in C by entering into a subcontract between a contractor C and a contractor E, and the Plaintiff constitutes a worker. Meanwhile, the Industrial Accident Compensation Insurance Act should apply since the total construction cost of the instant construction exceeds 20 million won.

B. (1) Determination (1) Article 6 of the Industrial Accident Compensation Insurance Act and Article 2(1)3 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act apply to all businesses or workplaces that employ workers, but the Industrial Accident Compensation Insurance Act applies to all businesses or workplaces that are not housing construction business operators under the Housing Act, constructors under the Framework Act on the Construction Industry, constructors under the Electrical Construction Business Act, construction business operators under the Electrical Construction Business Act, fire-fighting system business operators under the Fire-Fighting System Installation Business Act, fire-fighting system business operators under the Fire-Fighting System Installation Business Act, or cultural heritage repair business operators under the Cultural Heritage Protection Act (hereinafter referred to as “construction business operators, etc.”), taking into account the risk rate, size, place, etc., the total construction cost under Article 2(1)2 of the Enforcement Decree of the

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