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(영문) 서울행정법원 2019.05.03 2017구합78568
산업재해보상보험 보험료 부과처분 취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

Details of the disposition

On August 31, 2011, the Plaintiff is a company established with the purpose of “PSD (PSD) management and operation supplementary services, urban railroads and light rail tracks, PSD design, production and supervision consulting services, urban railroads and general buildings, facilities management, cleaning, etc.”

The Plaintiff divided the portion of the “PSD maintenance business” and the portion of the “PSD cleaning business” into employment insurance and industrial accident compensation insurance (hereinafter “industrial accident insurance”). With respect to the portion of the “PSD maintenance”, the Plaintiff reported the type of business as a business service business (90502) and reported the type of business from December 1, 201 to a sanitary and similar service business (90201), and paid the industrial accident insurance premium from July 9, 2012 after reporting it as a sanitary and similar service business (90201).

On February 27, 2017, the Plaintiff submitted an application for change of insurance relationship with the content that the type of the business applied to the aforementioned “PSS maintenance and repair” and the “PSS cleaning” part, respectively, is changed to the “electronic application manufacturing business (Automatic fishing motor)” on December 1, 2011 and July 9, 2012, which is the date on which the industrial accident insurance policy is established.

As to this, after investigating the data submitted by the Plaintiff, the actual condition of the Plaintiff’s workplace, the Intervenor changed the business type of “PSD maintenance” part that falls under the main business on June 28, 2017 to “business service business (90502),” and the “PSD cleaning” part to the “business of manufacturing various machinery or accessories (22312),” and the “PSD cleaning” part to the “PSD maintenance and repair business,” and the Defendant decided to apply the industrial accident insurance premium rate retroactively to December 1, 2011.

(hereinafter “instant modified determination”). The “electronic application manufacturing business” among the manufacturing business of electronic equipment based on the table of business types under the Industrial Accident Compensation Insurance Premium Rates by Type of Business (hereinafter “instant table”) publicly notified by the Minister of Employment and Labor.

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