산재보험료부과처분취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. The judgment of the court of first instance is delivered with "3.3.3."
1. The reasons why the court stated this part of the disposition are stated are as follows: (a) except where the “67,269,800 won” of the first instance judgment No. 3 is deemed as “67,269,800 won” of the first instance judgment, the relevant part of the reasoning of the judgment is identical to that of the first instance judgment; and (b) accordingly, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion falls under “9223 Food Delivery Board” among the subdivisions of the Korean Standard Classification Table of Occupations. Even if it falls under “922 home delivery Board,” the Plaintiff’s assertion does not constitute “person in special type of employment” under Article 125(1) of the Industrial Accident Compensation Insurance Act (amended by Presidential Decree No. 27050, Mar. 22, 2016; hereinafter “Enforcement Decree of the Industrial Accident Insurance Act”) and Article 125 subparag. 6 of the former Enforcement Decree of the Industrial Accident Compensation Insurance Act, since the Deceased was exclusively dedicated to the instant workplace and mainly performed the Plaintiff’s delivery service.
Therefore, the instant disposition taken on a different premise is unlawful.
[Plaintiff’s assertion that the deceased does not constitute a worker under the Industrial Accident Insurance Act. However, according to the facts acknowledged earlier, the deceased’s bereaved family member (hereinafter “bereaved family member”).
On March 23, 2015, the reason why the deceased was subject to the bereaved family’s benefits and funeral site pay disposition does not constitute a person in a special type of employment. Upon the bereaved family’s request for reexamination, the defendant determined that the deceased falls under a person in a special type of employment and determined to revoke the above bereaved family’s benefits and funeral site pay disposition, and paid a bereaved family’s bereaved family’s bereaved family’s bereaved family’s benefits and funeral site pay to the Plaintiff according to the purport of the above decision. Accordingly,
In addition, the Industrial Accident Insurance Act provides special cases concerning persons in special types of employment, which are similar to the workers, but the Labor Standards Act is provided.