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(영문) 서울행정법원 2014.06.24 2013구합22611
보험급여징수금부과처분취소
Text

1. The Defendant’s disposition of imposition of KRW 24,354,790 against the Plaintiff on May 7, 2013 is revoked.

2...

Reasons

1. Details of the disposition;

A. On October 5, 2012, a new company (hereinafter “new company”) was awarded a contract with the Korea Land and Housing Corporation for the new construction of Pyeongtaek-A-3 BL apartment located in Pyeongtaek-dong 316, Pyeongtaek-dong 316, and awarded a contract to the 1,210,827,611 won during the instant construction (hereinafter “instant construction”).

B. As of September 1, 2012, the Plaintiff: (a) signed a standard form of construction machinery lease agreement with the sports foundation as of September 1, 2012, stating that he/she leases a flag (registration number) to the sports foundation as of September 1, 2012 to KRW 100,392,850 (excluding value-added tax) at the construction site of this case; and (b) as of November 1, 2012, the standard form of construction machinery lease agreement with the same flag as of November 30, 2012 to the lease of KRW 83,25,00 (excluding value-added tax) at the construction site of this case.

C. Meanwhile, around 16:20 on October 15, 2012, D, an employee of B, suffered injury that cut off by 2,3, and 4 water from the wind on the wind that the buffer cushion, leaving the file while being engaged in fileing operations at the construction site of this case, was cut off.

(hereinafter “instant disaster”). D.

After the Defendant paid the industrial accident insurance benefits, such as disability lump sum, to the above D, on May 7, 2013, on the ground that the Plaintiff was an industrial accident insurance policyholder, and the Defendant neglected to report the purchase of the industrial accident insurance benefits for the instant accident that occurred during the pertinent period, and the Defendant paid the industrial accident insurance benefits to the Plaintiff on May 7, 2013, pursuant to Article 26(1)1 of the Employment Insurance and Industrial Accident Compensation Insurance Collection Act (hereinafter “Insurance Premium Collection Act”) and Article 34(1) of the Enforcement Decree of the same Act, 24,354,790 temporary layoff benefits amounting to 50% of the amount of the insurance benefits pursuant to Article 34(1) of the Enforcement Decree of the same Act.

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