산업재해보상보험 사업종류 변경처분 취소
The Defendant’s disposition of changing the type of industrial accident compensation insurance business rendered to the Plaintiff on April 5, 2016 is revoked.
The costs of lawsuit.
1. Details and details of the disposition;
A. The Plaintiff, a business entity located in the Dong-gu Incheon Metropolitan City (hereinafter “instant place of business”), has been engaged in the business of classifying and collecting non-ferrouss in the place of business (hereinafter “instant place of business”) and has been subject to the application of the type of business related to the industrial accident insurance premium rate as “business service business” from April 1, 2011, and paid the industrial accident insurance premium accordingly.
B. The Defendant confirmed and confirmed the business status of the instant workplace around March 2016, when the Plaintiff’s employee was engaged in cutting V to a oxygen cutting machine at the instant workplace, and the accident occurred as a result of exceeding the structure set up in a vertical line.
C. On April 5, 2016, the Defendant rendered a disposition to change the type of industrial accident compensation insurance business (hereinafter “instant disposition”) with the purport of changing the type of business related to the industrial accident compensation insurance premium rate from “business service” to “any other manufacturing business” (hereinafter “instant disposition”).
[Reasons for Recognition] A without dispute, Gap evidence Nos. 9, 10, Eul evidence Nos. 1 to 4, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The main business of the Plaintiff’s main intent of the Plaintiff’s assertion is the business of providing services for non-refinite collection and screening and obtaining revenues by being awarded a contract from the modern iron.
The work of collecting and screening non-reinte shall not fall under the manufacturing work by selecting and collecting the remaining non-reinte after collecting the scrap metal from the modern iron and making it possible to recycle it.
Therefore, the instant disposition was unlawful to view the type of the principal business at the instant place of business as “other kinds of manufacturing businesses.”
B. The details of the relevant statutes are as shown in the attached statutes.
C. 1) Determination of related regulations and legal principles A) Article 14(3) of the Act on the Collection of Insurance Premiums, etc. for Employment Insurance and Industrial Accident Compensation Insurance (hereinafter “Employment Insurance Premium Collection Act”) is “Industrial Accident Compensation Insurance Act”.