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(영문) 서울행정법원 2013.08.16 2013구합6305
산재보험가입자확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person who is engaged in construction machinery contract and rental business under the trade name of “C” from September 25, 2006.

B. On July 2012, 2012, Dong-gun Construction entered into a contract with the Plaintiff, who was performing construction works after being ordered to perform the so-called “Sacheon Sea Disaster Restoration Works” in the Gyeonggi-do Seocheon-gun, Seocheon-gun, Seocheon-gun, Gyeonggi-do (hereinafter “instant navigational construction”) to conduct navigational construction of KRW 6 million in the construction site (hereinafter “instant navigational construction”).

(hereinafter “instant contract”). C.

From July 4, 2012 under the instant contract, the Plaintiff, from around July 4, 2012, entered the Plaintiff’s mid-term engine (D) and the Plaintiff’s mid-term engine operator B, a worker, into the instant construction site and carried out navigational construction work. On July 31, 2012, the instant navigational construction work was completed, and the occurrence of an accident involving mid-term engines, a file construction machine, was completed (hereinafter “instant industrial accident”), and the instant industrial accident incurred significant injury to B due to the industrial accident.

B submitted an application for medical care benefits to the Deputy Governor of Defendant Corporation regarding the industrial accident of this case. The Deputy Governor of Defendant Corporation determined the contract of this case as a construction machinery lease agreement and determined the insured of the industrial accident of this case as the Plaintiff, who is not the operator of C, instead of the building and construction.

E. Meanwhile, the Plaintiff did not report the purchase of industrial accident insurance under Article 11 of the Employment Insurance and Industrial Accident Compensation Insurance Act (hereinafter “Insurance Premium Collection Act”) at the time of the occurrence of the instant industrial accident. If the insured of the instant industrial accident is determined as the Plaintiff, the amount equivalent to 50/100 of the insurance benefits determined by the Defendant for the instant accident pursuant to Article 26(1)1 of the Insurance Premium Collection Act and Article 34(1) of the Enforcement Decree of the same Act.

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