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(영문) 부산지방법원 2016.07.21 2016구합20518

산재보험 사업종류변경신청 반려처분 취소

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1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On February 3, 195, the Plaintiff, a company established on February 3, 1995 with the main business purpose of manufacturing and selling hacks and motor vehicle parts, and the industrial accident compensation insurance (hereinafter “industrial accident insurance”) applied the business type to “business auxiliary manufacturing business (21813)” and produced high-tension strawing for plant use (it connects with pipes or connects hacks with pipes, strings, strings, and heat exchangeers, strings to connect hacks with pipes). Accordingly, the Plaintiff directly produces hacks, humbows, pipes connected to pipes, hacks, hacks, hacks, hacks, hacks, hacks, hacks, hacks, hacks, hacks, hacks, hacks, hacks, hacks, hacks, hacks, hacks, and so on.

The Plaintiff filed an application with the Defendant for changing the type of industrial accident insurance business with the Plaintiff’s workplace to “all kinds of machines and accessories manufacturing business (22312),” but on February 26, 2015, the Defendant rejected the said application on the ground that: (a) the type of business that the Plaintiff applied to the Plaintiff falls under the industrial accident insurance premium rate and the examples of business types by type of business in 2014 (No. 2013-56 of the Ministry of Employment and Labor’s Notice No. 2013-56) (hereinafter “instant sheet”); and (b) the type of business applied to the Plaintiff constitutes “non-metallic mineral products and metal products manufacturing business or metal processing business (218)” as the instant disposition.

On May 7, 2015, the Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission dismissed the Plaintiff’s appeal on December 8, 2015.

[Ground of recognition] A without dispute, Gap evidence 1 through 3 (including branch numbers, hereinafter the same shall apply), Eul evidence 1, and the overall purport of the argument in this case is legitimate. The plaintiff's final product produced by the plaintiff as to whether the disposition in this case is legitimate.