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(영문) 서울행정법원 2017.03.31 2016구합59812

산업재해보상보험 사업종류 변경처분 등 취소

Text

1. Each disposition listed in the separate disposition list issued by the Defendants against the Plaintiff is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Circumstances and basic facts of the disposition;

A. The Plaintiff was established on February 15, 2013 and operated the website, mobile display, etc. in the name of “cick” in Gangnam-gu Seoul, Gangnam-gu, and operated the business of electronic commerce while operating the website, mobile display, etc. from October 1, 2013 to pay the industrial accident insurance premium under the insurance premium rate (10/1,000 for the year 201, 2014, 9/1,000 for the year 2015) by applying the type of business specified in the Industrial Accident Insurance Schedule (the notification made by the Minister of Employment and Labor) for each type of business as “do retail business.”

B. From March 2014, the Plaintiff: (a) sold the goods purchased and kept by the Plaintiff from the website, etc. of the cane; and (b) introduced the so-called “scick delivery business” method to directly deliver the said goods to customers within 24 hours after ordering through the “cickman,” which is the self-delivery manpower of each camp (excluding the Ecick 12 rhyp in the separate campaigns listed in the separate camp list (hereinafter “each camp”).

C. Accordingly, the Defendant Workers’ Compensation and Welfare Service: (a) deemed that each of the instant campaigns operated by the Plaintiff is a separate place of business independent of the Plaintiff’s head office; and (b) ordered the Plaintiff to report the separation of the instant campaigns from the place of business in each of the instant campaigns; and (c) issued a disposition to change the types of each of the instant campaigns as indicated in the separate disposition list (hereinafter “each of the instant dispositions”) with the content that changing the types of the instant campaigns into “small Cargo Transport Business”; and (b) subject to the insurance premium rate (23/1,000, 2016, 28/1,000) corresponding to the small Cargo Transport Business, the Defendant Workers’ Compensation and Welfare Service stated the separate list 2,3,5,6, 8, 100, 16, 14, 16, 15, 16, 16, 16, 14, 16, 16, 16, and 13.