적용절차 위반의 산재보험관계 효력

In the industrial accident compensation insurance, natural application business is enforced by regardless of the intention of business owner, and the duties regarding the application of insurance relation and insurance premium charge are obligated to business owner. However, there is a case when business owner misunderstands the relation of occupational health and safety insurance application and violates the procedure as a result. The cases when declaring the commencement of business, although it is not the same kind of business, or paying the insurance in a lump sum without any insurance relation establishment declaration and paying all the business insurance premiums of same kind of business without the Korea Workers' Compensation & Welfare Service’s arbitrary approval of blanket application are the examples. If this application procedure’s effectuation is not prescribed under law, in spite of the violation of business owner, it should be dealt and with flexibility in accordance with the principle of practical social insurance.