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(영문) 부산고등법원 2020.06.17 2020누20835

사업종류 변경 처분 등 취소 청구의 소

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1. The defendant's appeal is dismissed.

2. The plaintiff and the defendant out of the total costs of the lawsuit after the filing of the appeal.

Reasons

1. The reasoning for the court's explanation of this case is that the business type of the workplace of this case falls under "business of putting in contact with or cutting in various metals" as stated in the table of business type forecast, and that the results of each fact inquiry about D Co., Ltd., E, E, F, G, H, H, and I Co., Ltd. before remanding, are rejected, and the judgment of the court of first instance is rejected.

Paragraph 2 is the same as the reasoning of the judgment of the court of first instance, except where the judgment of Paragraph 2 is added with regard to the defendant's prior defense on the merits of the case, each of the dispositions of this case, "each of the dispositions of this case" in Part 14 and 7 of Part 3 of the judgment of the court of first instance, and the judgment of Paragraph 2 is cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

C. After examining the appropriateness of the type of business of the instant workplace based on the business contents, work process, facility status, organization of each person, field investigation, sales status, etc. of the instant workplace, the Defendant notified the Plaintiff, on January 29, 2018, that the type of business of the instant workplace is changed from January 1, 2014 to “the wholesale retail and consumer product repair business that performs various metals adjoining or solvents,” and that the difference between the industrial accident insurance premium calculated in accordance with the previous industrial accident insurance premium rate and the property-fixed premium rate will be imposed as additional industrial accident insurance premium for the period from January 1, 2014 to December 31, 2016.

Accordingly, the National Health Insurance Corporation notifies the Plaintiff of the additional industrial accident insurance premium for the pertinent period, respectively, KRW 17,985,830 on February 21, 2018, and KRW 8,861,710 on March 21, 2018.