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(영문) 서울고등법원 2018.09.13 2018누50897
산재보험료부과처분취소
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

The court's explanation of this case is identical to the reasoning of the judgment of the court of first instance other than the written appeal in paragraph (2) below. Thus, it is also accepted in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

(1) The grounds for appeal by the Defendant do not differ significantly from the contents of the Defendant’s assertion in the first instance court, and even if all the evidence submitted in the first instance court were examined, the first instance court’s rejection of the Defendant’s assertion is justifiable). The portion of the first instance court’s appeal, which was written by the Defendant, dismissed “each description and “each testimony” in the fourth instance of the fourth instance judgment, shall be read as “each testimony by the witness H and G.”.

Part 4 of the first instance judgment, "C employee department" in Part 19 shall be replaced by "H in charge of job placement services for women while working in the C office."

The testimony of H, D, and G in the 7th trial of the first instance court in the 5th trial of the court of first instance shall be written with "each testimony of H, D, and G" as "each testimony of H, G, and witness of the first instance court and some testimony of D."

2-2 of the grounds of the judgment of the first instance

C. (2) The part of paragraph (1) of this Article (the part of the first instance judgment, No. 5, No. 13 through No. 18) shall be as follows. ① Under an agreement with the Plaintiff (C), the Plaintiff provided KRW 300,000 per month on the part of the Plaintiff while performing the work, such as arranging the daily distance of female workers at the C Office, receiving the payment through the Plaintiff’s side for convenience, and delivering the payment to female workforce. Unlike ordinary cases, even if the daily distance from C is introduced, the Plaintiff did not separately pay the fee.

H, around April 13, 2016, notified D of the place, time, and daily allowances to perform the instant work and confirmed D’s intent to perform the instant work, and only three female human resources, such as D, who are the Plaintiff’s employees, were placed in the instant work site. The specific contents and methods of the instant work.

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