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(영문) 광주고등법원 2016.11.02 2016누3528
산재승인처분 취소청구
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff, including the costs of supplementary participation.

Reasons

1. The grounds for the judgment of the court of first instance are as follows: (a) it is stated in the reasoning of the judgment of the court of first instance except for the cases of Section 3 among the judgment of the court of first instance as follows; and (b) it is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the

[Supplementary part] According to the above facts and the provisions of the Industrial Accident Compensation Insurance Act and the Act on the Collection of Insurance Premiums, etc. for Industrial Accident Compensation Insurance and Industrial Accident Compensation Insurance (hereinafter “related Acts and subordinate statutes”), a person who is affected by the disposition of this case is the original contractor, and the plaintiff who is the subcontractor does not suffer any disadvantage under the above Acts and subordinate statutes.

Even if the Plaintiff was disadvantaged by the instant disposition, it cannot be deemed that the employer’s freedom of competition is the benefit that the said statutes are expected to protect, in light of the legislative purpose of the relevant statutes to compensate for occupational accidents promptly and fairly, and promote the rehabilitation of workers suffering from occupational accidents and their return to society.

Therefore, the Plaintiff cannot be deemed to have obtained a direct and specific benefit pursuant to the relevant laws and regulations due to the cancellation of the instant disposition, and merely has an indirect and de facto interest. Therefore, it cannot be deemed that the Plaintiff is eligible to seek the cancellation of the instant disposition.

2. If so, the judgment of the court of first instance is justified as the conclusion is consistent with this, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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