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(영문) 서울행정법원 2015.06.04 2014구합72293

산재보험사업종류변경신청반려처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Minister of Employment and Labor’s announcement of industrial accident insurance premium rates and details thereof 1) on December 31, 2013, the Act on the Collection of Insurance Premiums, etc. for Employment Insurance and Industrial Accident Compensation Insurance (hereinafter “Employment Insurance Premium Collection Act”).

(3) Based on Article 14(3) and (4) of the Enforcement Decree of the same Act, Article 13 of the Enforcement Decree of the same Act, and Article 12 of the Enforcement Rule of the same Act, the industrial accident insurance premium rates by type of business applicable under the Ministry of Employment and Labor’s notification 2013-56 (hereinafter “instant notification”) were publicly announced

(2) The notice of this case is 1. Mining business type;

2. Manufacturing,

3. Electricity, gas, steam and water supply;

4. Construction,

5.Transport, storage and communication businesses:

6. Forestry,

7.Fishing,

8. Agriculture,

9.Other activities,

0. The “financial and insurance business” is divided into sub-business types, and the industrial accident insurance premium rates for each sub-business type are set. In addition, the instant notice is an example of the business type table for each sub-business type from the “business type chart” to the sub-business type, and an example of the representative business for each sub-business type by providing for the business tax item. The aforementioned “2. Manufacturing business” among the sub-business types is defined as “the business of manufacturing new products by adding physical and chemical changes to organic or non-organic substances,” and it is defined as “the business of manufacturing new products” among the sub-business types as “the business of manufacturing non-metallic mineral products and metal products or metal processing business [41/1,00 (referring to the industrial premium rate; hereinafter the same shall apply)” as “the manufacturing business of non-metallic mineral products or metal products” (which means the 41/1,000 (which means the industrial premium rate), and it is conducted with the various manufacturing or processing materials of 1.4 kinds of products, such as metal products.