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(영문) 서울행정법원 2018.09.07 2018구합62225
신고포상금 부지급결정 취소
Text

1. The Defendant’s disposition rejecting the payment of a monetary reward for reporting to the Plaintiffs on November 13, 2017 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. In around 2015, the Plaintiffs reported that “C’s dynamics D were not employees of E Co., Ltd. (hereinafter “E”), as if they were their employees, prepared a false labor contract, etc., and received insurance benefits from the Defendant, even though they were not employees of E” (hereinafter “instant report”).

B. The police officer of the Seongbuk Police Station notified the Defendant of the fact that “D is suspected of being unfairly receiving insurance benefits from the Defendant” on July 29, 2015.

On November 27, 2015, the chief of the police station of the Seongbuk-gu Department notified the Defendant that “D, etc. shall be sent to the Suwon District Prosecutors’ Office as a crime of violating the Industrial Accident Compensation Insurance Act and a crime of fraud,” and paid the Plaintiff A the report compensation.

The above reporting compensation is presumed to have been paid on the basis of the rules on the protection and compensation of informants, etc. of crimes (No. 746 of December 8, 2014).

C. On February 2, 2016, after investigating the facts, the Defendant issued a disposition to collect the amount equivalent to twice the amount of the insurance benefits that D unfairly received to D from D as unjust enrichment.

On September 21, 2017, the Plaintiffs applied for the payment of monetary rewards to the Defendant.

However, the defendant's report filed with an institution other than the defendant, such as the report in this case, does not fall under the report under Article 119-2 of the Industrial Accident Compensation Insurance Act, and ② The letter of disposition under Article 2-4 (6) 1 of the "Guidelines for Operation of the Illegal Receipt Report Report System" is stipulated as "Article 2-3 of the Regulations on the Illegal Receipt and Payment Investigation Work" but it seems to be erroneous.

“Do reporter” means a person who has reported to the Defendant, and ③ Article 73-3(3) of the Enforcement Rule of the Industrial Accident Compensation Insurance Act.

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