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(영문) 서울고등법원 2015.09.02 2015누40783
산재보험 사업종류 변경처분 등 취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The Plaintiff sought revocation of the disposition of modifying the type of industrial accident compensation insurance business on September 23, 2013 and the disposition of rejecting applications for changing the type of industrial accident compensation insurance business on May 23, 2014, as stated in the purport of the claim. The court of first instance dismissed the part of the claim for revoking the disposition of changing the type of industrial accident compensation insurance business on September 23, 2013, and accepted the remainder of the claim.

Since the defendant appealed only against this, the scope of this court's trial is limited to the legitimacy of the claim for revocation of the rejection of the application for alteration of the type of industrial accident compensation insurance on May 23, 2014.

2. The reasons for the court’s explanation concerning this case are as follows: “The judgment on the legitimacy of the part concerning the claim for cancellation of a disposition for modification of this case among the lawsuits in this case,” which is excluded from the scope of the judgment of this court; and the defendant’s repeated arguments in the trial are as stated in the reasoning of the judgment of the court of first instance, except for the addition of the following judgments as to the matters for which the defendant asserts again in the trial, thereby citing them in accordance with Article 8(2) of the Administrative Litigation Act

3. The defendant asserts that in the trial, there is no substantial difference from the peltop and paper container manufacturing business in that the paper of tobacco is included in the process of manufacturing the pel to put in the foundation and the tent, and that the main business should be determined in the order of sales in accordance with the provisions of Article 14 of the Enforcement Decree of the Act on the Collection of Insurance Premium for Employment Insurance and Industrial Accident Compensation Insurance, and the number of workers, total remuneration, and the main business should be determined in accordance with the order of sales. As long as the number and machinery working in the foundation and the tent process is large, and the manufacturing business of the peltop and paper papers similar to their appearance is classified into the peltop and paper container manufacturing business, the peltop and paper container manufacturing business should be classified into the peltop and paper container manufacturing business.

Domination, employment insurance, and.

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