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(영문) 전주지방법원 2015.10.23 2015구단271
요양급여불승인처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On September 1, 2013, the Plaintiff, a building owner B (hereinafter “owner”) performed on September 1, 2013, is engaged in the construction of a new apartment house C (hereinafter “instant building”) located in the forest room C (hereinafter “instant construction”) located in the former Gun (hereinafter “instant construction”).

A disaster falling at approximately 3.5m high (hereinafter referred to as the "accident") was diagnosed as a "disaster falling from the outer scopical scoptyposis, a light scoptyposis, an external scoptyposis, an external scoptyposis, a chest scoptyke (T1,T12), and an application for medical care benefits to the Defendant.

B. On October 8, 2013, the Defendant: (a) confirmed that the instant construction project, which was damaged by the Plaintiff, was a construction project performed by a person who has no license for construction business; and (b) was not an establishment subject to the Industrial Accident Compensation Insurance Act automatically subject to the Industrial Accident Compensation Insurance Act; and (c) rendered a disposition of non-approval of medical care benefits on the ground that the business owner did not voluntarily subscribe to industrial accident insurance prior to the date of the occurrence of the accident (hereinafter “instant disposition”); (d) [In the absence of a partial dispute over the grounds for recognition, the respective entry in

2. Although the building report on the instant building, which is the object of the Plaintiff’s assertion, is the total floor area of 9.36 square meters, the building report on the instant building is the total floor area of 9.36 square meters. However, in the case of measuring with a luxy outer wall line as a result of a cadastral survey, it shall be 101 square meters and 135 square meters in the case

In addition, the building of this case was a basic construction work, such as lsheshesheshesheshels ready-mixeds, in advance, to add boiler rooms and multi-use rooms to the building owner and the contractor after completion. If the area of the multi-use room and boiler rooms scheduled to be newly constructed from the beginning is included in the total floor area of the building of this case, the building of this case is a construction with a total floor area of at least 100 square meters

Therefore, even though the Corporation is subject to inevitable application under the Industrial Accident Insurance Act, the Defendant’s disposition of this case, which was judged as an inevitable exemption from medical treatment, was unlawful.

3. Attached Form of the relevant Acts and subordinate statutes;

4...

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