beta
(영문) 서울행정법원 2016.03.25 2015구합65681

산업재해보상보험 사업종류 변경거부처분 취소청구

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. From around 191 or 192, the Plaintiffs are regional forestry cooperatives established in Chungcheongnam-do under the Forestry Cooperatives Act. From around 1991 or 192, the Plaintiffs’ offices and the Plaintiffs’ industrial accident compensation insurance (hereinafter “industrial accident insurance”) have been applied as “6002 forest management business (Insurance premium rate of 80/1,000 in 2013).” (B) On December 31, 2013, the Plaintiffs filed an application with the Defendant for the change of the type of industrial accident insurance business with the Plaintiffs’ offices to “10/1,000 (Insurance premium rate of 10/1,000 in 200)” on the grounds that the offices of the Plaintiffs share risks arising from the field of forestry business and construction business conducted by the Plaintiffs, and thus, they cannot apply separate types of business from the forest management site.

C. The Plaintiffs appealed and filed an administrative appeal with the Central Administrative Appeals Commission on August 8, 2014, but the Central Administrative Appeals Commission dismissed all the Plaintiffs’ claims on March 3, 2015.

[Grounds for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1 (including each number), the purport of the whole pleadings

2. The office of the plaintiffs' assertion is completely independent of the site where construction or afforestation projects are performed under a contract from the ordering office.

In addition, the employees of the plaintiffs' office are in charge of general affairs related to the operation of forestry cooperatives, and management guidance and employees performing field management duties in each forest field are limited to part of all employees, and even if they are traveling business in the forest field, they are not engaged in the actual construction or forest management, but merely in charge of guidance and supervision.

참조조문