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(영문) 서울행정법원 2014.03.28 2013구합55871
산업재해보상보험급여액징수처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is running a furniture manufacturing business with the trade name “C” from October 1, 2004 to Namyang-si, Namyang-si.

On July 31, 2009, the Plaintiff stated that the Plaintiff first employed an employee on April 1, 2008 when providing the Defendant with “report on the establishment of employment insurance relationship and on the acquisition of insured status.”

B. D (hereinafter “the deceased”) was used at around 20:45 on February 9, 2009 in C and was faced with head on cement floor.

(hereinafter “the instant disaster”). The Deceased sent back to the Hanyang University Hospital, but died on March 2, 2009 around 15:16.

The direct death of the deceased is the cardiopulmonary stop, the middle-line event is the sulphe fever, the sulphe fever, the sulphe fever, the salute, the brain side, the causes of the salute, and the brain salutism.

C. (1) On August 9, 2011, E, a D’s child, requested the Defendant to pay bereaved family benefits and funeral expenses on the ground that “the deceased’s death constitutes occupational accidents” but was dismissed by the Defendant on September 30, 2011.

E filed a request for review, but it was dismissed by the Defendant.

(2) On April 5, 2012, E re-written a request for reexamination, and on April 5, 2012, the Industrial Accident Compensation Insurance Review Committee rendered a decision that “the Defendant would revoke the disposition of survivors’ benefits and funeral site pay to E on September 30, 201.”

Accordingly, on June 4, 2012, the Defendant paid 94,900,000 won to E for a lump-sum bereaved family for a lump-sum, and issued a disposition to collect industrial accident compensation insurance benefits under Article 26(1)1 of the Act on the Collection of Insurance Premiums, etc. for Employment Insurance and Industrial Accident Compensation Insurance (hereinafter “Insurance Premium Collection Act”) and Article 34(1) of the Enforcement Decree of the same Act, on the ground that “A disaster occurred during the period for which a report on the establishment of insurance relationship was not made” to the Plaintiff.

(hereinafter “instant disposition”) e.

The plaintiff is dissatisfied with this and on August 29, 2012.

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