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(영문) 서울고등법원 2016.10.25 2016누52257
요양불승인처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Details of the disposition;

A. On July 26, 2015, the Plaintiff suffered bodily injury, such as 1, L2, L2, and L3’s structural frame, right-hand ske, right-hand ske, and tension, due to an accident (hereinafter the same shall apply in the following cases) in which he/she did not cover the load of the elevator while he/she was engaged in the elevator rise work by hand at the site of the Rof replacement construction (hereinafter the construction of this case) in Seongbuk-gu Seoul Special Metropolitan City Section B (hereinafter the construction of this case).

B. The Plaintiff filed an application for medical care benefits with the Defendant in relation to the above injury. On November 18, 2015, the Defendant rendered a disposition not to grant medical care (the instant disposition is conducted under the following) on the ground that the construction cost of the instant case constituted less than KRW 20 million, and thus constitutes a workplace exempt from the Industrial Accident Compensation Insurance Act pursuant to Article 6 of the Industrial Accident Compensation Insurance Act and Article 2(1) of the Enforcement Decree of the same Act.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination on the legitimacy of the instant disposition

A. The plaintiff's assertion that the construction cost of this case is less than 20 million won on the premise that the replacement work for a parking machine off constitutes a construction work. Thus, the above work seems to have taken the disposition of this case on the premise that the construction cost of this case is less than 20 million won, but the above work is for the elevator repair of the mechanical parking lot, which is included in the "elevator manufacturing business" under the Korean Standard Industrial Classification of Korea by the Statistics Office or constitutes the "other general machinery and equipment repair business" for the repair business

Nevertheless, the instant disposition taken on the premise that the instant construction work constitutes a construction work is unlawful.

B. (1) Determination is as shown in the attached Form of relevant statutes.

(2) The facts of recognition (A) C building is a mechanical parking facility, which is located in the Subdivision B of Sungnam-si.

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