1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Grounds for this court’s explanation is part of the judgment of the court of first instance, which is part of the judgment of the court of first instance regarding the legitimacy of the disposition of this case.

1) Paragraph (1) is the same as the reasoning of the judgment of the first instance except for those affixed as follows. As such, Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act are cited. 2. 1) Determination as to whether the deceased is a worker subject to the Industrial Accident Insurance Act (Article 6 of the Industrial Accident Insurance Act) refers to all businesses or workplaces that employ workers (hereinafter referred to as “business”).

applicable to this section.

This Act shall not apply to businesses prescribed by the Presidential Decree in consideration of their risk rates, sizes, places, etc.

There is no particular provision as to whether ‘only' includes a business conducted overseas.

However, in light of the purport of Article 121 of the Industrial Accident Insurance Act, the industrial accident compensation insurance is administered by the Minister of Employment and Labor, and the business owner is naturally insured, insurance premiums are uniformly determined, and insurance premiums are collected in a compulsory manner, and Article 121 of the Industrial Accident Compensation Insurance Act provides special cases for overseas business, and Article 122 of the Industrial Accident Compensation Insurance Act provides that the aforementioned Act shall apply only to the case where an overseas dispatched person applies for insurance to the Korea Workers' Compensation and Welfare Corporation and obtains approval from the Korea Workers' Compensation and Welfare Corporation, barring special circumstances.

However, in case where a worker who has been engaged in an industrial accident compensation insurance relationship between the owner of a business in Korea is dispatched to a foreign country and is on duty, the actual situation of the work is considered comprehensively, and the work place is merely located in a foreign country.