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(영문) 서울고등법원 2016.12.07 2016누41608

산업재해보상보험 사업종류 변경거부처분 취소청구

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1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

The reasoning of the judgment of the court of first instance is the same as the judgment of the court of first instance except for dismissal or addition of some of the grounds of the judgment of the court of first instance as follows. Thus, it is accepted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

11.On the 10th page, the following shall be added:

【Management guidance and employees, as well as technical guidance and employees, shall conduct field surveys and provide technical guidance to the forest field, etc., so the number of employees engaged in the forest management business and the total amount of remuneration shall not be less than the total number of employees engaged in any business other than the forest management business and the total amount of remuneration.

(1) 11 pages 15 add the following:

G) The Plaintiffs concluded a contract with the State or a local government for afforestation or construction work, and the employees set up at the head office to order workers to work at the site and supervise the construction work. In each forest management area, it is difficult to view that the Plaintiffs’ offices and each site are independent of the Plaintiffs’ offices in performing their duties, since they are employed for a limited period of time by employing full-time workers.

H. Unlike the plaintiffs, even if the industrial accident insurance premium rate applies separately to the office of the headquarters by classifying the office and the site of the headquarters into separate offices of various levels, each forestry cooperative can vary in the business tax item as seen earlier in the business, and the size and form of each forestry cooperative can also differ significantly. Accordingly, it appears that the main office will play various functions and roles such as the sprinkling business, forest business, and sprinkling business.