산재보험 보험요율의 변경 및 납부보험료의반환
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On March 1, 2013, the Plaintiff is a corporation that registered its business with “service business (transport business)” and its category as “land cargo loading and unloading business, and warehouse business,” and closed its business on July 31, 2014.
The Plaintiff had an industrial accident compensation insurance relationship (hereinafter “industrial accident insurance”) with the type of business as “land cargo handling business (applicable code 50405)” during the said business period.
B. On October 15, 2014, the Plaintiff applied the type of business to the Defendant during the business period as “land cargo handling business (50405)” and paid KRW 15,149,940 to the industrial accident insurance premium in 2013, and paid KRW 12,635,210 in 2014. The Plaintiff’s business type constitutes “other land transport support business (501)” or “business service business (90502)” and the Plaintiff’s business type constitutes “other land transport support business (501) with a calamity risk lower than the land cargo handling business.” As such, the Plaintiff’s business type was changed as above and applied for a refund of the difference following the change of the business type during the industrial accident insurance premium already paid.
C. On November 13, 2014, the Defendant: (a) investigated the business status of the Plaintiff’s shop ELS corporation, which succeeded to the Plaintiff’s business after the closure of the business; and (b) sent reply to the Plaintiff on November 13, 2014 that the Plaintiff’s business type corresponds to the existing land cargo handling business;
(hereinafter “instant reply”) D.
On December 8, 2014, the Plaintiff revoked the Defendant’s refusal disposition to change the type of industrial accident insurance business to the Central Administrative Appeals Commission, and the Defendant filed an administrative appeal with the purport that the applicable business should be changed to a transportation ancillary service business or a business service business, and that the industrial accident insurance premium should be refunded. However, the Central Administrative Appeals Commission did not have any legal interest in seeking revocation of the previous industrial accident insurance business type since the Plaintiff had no right to request the change of the type of business to the Plaintiff on June 16, 2015.