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(영문) 서울행정법원 2014.05.29 2014구단50340
요양불승인처분취소
Text

1. On December 12, 2012, the Defendant revoked the Plaintiff’s disposition of refusal to grant medical care.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of disposition;

A. On November 13, 2012, the Plaintiff was the owner of the building B, and “C Construction” D was working at the new construction site of the former E detached Housing (hereinafter “instant Housing”) located in the former E-gun, the contractor, and suffered injury, such as a malphical signboard escape certificate No. 5-6 in the diameter of the accident falling from the outer wall of 2 meters.

(hereinafter “instant disaster”). B.

On November 16, 2012, the Plaintiff filed an application for medical care benefits due to the instant accident with the Defendant. However, on December 12, 2012, the Defendant rendered non-approval (hereinafter “instant disposition”) on the ground that: (a) the construction of a building with a total floor area of 9.42 square meters built by a person, other than a constructor, constitutes a business subject to the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Act”); and (b) D applied for the purchase of insurance on the date following the instant accident as of November 15, 2012, insofar as the insurance relationship was established as of November 15, 2012.

C. The Plaintiff appealed and filed a petition for review and reexamination, but was dismissed on April 30, 2013 and October 17, 2013, respectively.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1 through 8 (including each number, hereinafter the same shall apply), the purport of whole pleading

2. Whether the disposition is lawful;

A. The Industrial Accident Compensation Insurance Act applies to all businesses or workplaces that employ workers; however, in consideration of the risk ratio, size, place, etc. of business, construction works involving construction or substantial repair of a building with a total floor area of not more than 100§³ in the case of construction works performed by a housing construction business operator or a person other than a constructor are excluded from the subject of per se application under the Industrial Accident Compensation Insurance Act; Article 119(1)4 of the Enforcement Decree of the Building Act provides that the calculation of the total floor area shall be the sum of the floor areas of each floor of the building. Article 119(1)3 provides that the floor area shall be the horizontal plane projection area of the part enclosed by the center line of the wall, column

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