The judgment below

The part on the defendant's Labor Welfare Corporation shall be reversed, and this part of the case shall be Busan High Court.

The grounds of appeal are examined.

1.(a)

The term "disposition", which is the object of an appeal litigation, means the exercise or refusal of public power as an enforcement of law with respect to a concrete fact by an administrative agency, and other corresponding administrative actions.

(1) Article 2(1)1 of the Administrative Litigation Act provides that an administrative agency’s act may be a subject of an appeal litigation cannot be determined abstractly and generally. In specific cases, it shall be determined individually by taking into account the content and purport of the relevant Act and subordinate statutes, the subject, content, form, and procedure of the act, the substantial relation between the act and disadvantage suffered by interested parties, such as the other party, the principle of administration by the rule of law, the attitude of the administrative agency

(see Supreme Court en banc Decision 2008Du167, Nov. 18, 2010). In addition, where it is unclear whether an administrative agency’s act constitutes “disposition”, a normative determination ought to be made by taking into account the other party’s perception and predictability that have a significant interest in the choice of the method of appeal.

(Supreme Court Decision 2016Du33537 Decided October 25, 2018). B.

Examining the contents and systems of Articles 11(1), 12(1), 13(5), 14(3), 16-2, 16-6(1), 16-9(2) and (3), and 19-2 of the Act on the Collection of Insurance Premiums, etc. for Employment Insurance and Industrial Accident Compensation Insurance; Article 9 subparag. 3 of the Enforcement Decree of the same Act; Article 12 of the Enforcement Rule of the same Act; and the application and provision of imposition duties established for the purpose of stipulating the matters delegated by the above Acts and subordinate statutes and the matters necessary for the enforcement thereof, the “determination on modification of the type of business of an individual workplace” against the business owner of the Korea Labor Welfare Corporation shall be deemed to constitute “disposition” as an enforcement of the law on specific facts conducted by the administrative agency, which is the exercise of public power.

Supreme Court Order 9 April 2020