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(영문) 대구지방법원 2016.12.16 2016구단10447
산재보험급여액징수처분취소
Text

1. The Defendant is against the Plaintiff on January 20, 2016; February 5, 2016; February 22, 2016; May 26, 2016; June 23, 2016; and August 24, 2016.

Reasons

1. Details of the disposition;

A. On March 12, 2015, the Plaintiff: (a) engaged in livestock farming business with the trade name “C farm” located in the Gyeonggi-si, Gyeonggi-do; and (b) engaged in a livestock shed repair work (hereinafter “the instant construction work”); (c) on March 12, 2015, the Plaintiff fell from the roof of the worker D, thereby leading to the death, etc. (hereinafter “instant accident”).

B. On March 18, 2015, the Plaintiff submitted a report on the establishment of the insurance relationship with the instant construction project on the basis that “the total construction amount is KRW 25 million, and on March 9, 2015,” for industrial accident management. However, the Defendant rejected the instant construction project on the ground that the instant construction falls under a place of business exempt from the compulsory application of industrial accident insurance.

C. The Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission on its objection, and the Administrative Appeals Commission, aside from the decision on the establishment date of the insurance relationship, rendered an adjudication that the Defendant’s disposition that rejected the report on the establishment of the insurance relationship, judged that it constitutes a workplace subject to exclusion from the application of the industrial accident insurance.

On December 31, 2015, the Defendant reported the establishment date of the insurance relationship with respect to the instant construction project on February 23, 2015, with the total cost of KRW 31,837,010, and notified the establishment date of the insurance relationship. On the ground that the instant accident occurred during the period of neglect to report the establishment of the insurance relationship, the Defendant issued the instant disposition that collects insurance benefits as indicated in the order on the ground that the instant accident occurred during the period of neglect to report

【Ground of recognition】 Facts without dispute, entries in Gap’s 1, 4 through 9, 11 through 14 (including each number), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The key issue of the instant case is when the “the date when the business began” under Article 7 of the Act on the Collection of Insurance Premiums, etc. for Employment Insurance and Industrial Accident Compensation Insurance (hereinafter “Insurance Premium Collection Act”).

The plaintiff is actually a worker.

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