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(영문) 부산지방법원 2019.01.09 2018구단21334
산업재해보상보험 보험관계 변경신고 반려처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On September 23, 2005, the Plaintiff is a company established for the purpose of the manufacturing business of automobile parts, lecture pipes, and the manufacturing, processing, and marketing business of the pipes. The Plaintiff mainly produces sppppppppppher, spher beamline, and spher beam beamline, etc. (hereinafter the product of this case) according to the order of the manufacturer of automobile parts.

B. 1) On December 28, 2016, the Plaintiff filed a report with the Defendant on the business type of industrial accident compensation insurance to “other metal product manufacturing or metal processing business (21816)” as “automobile parts manufacturing business (22708).” The instant product does not fall under the exclusive vehicle parts in accordance with the standard for determining the type of business type of the exclusive vehicle parts, and it is difficult to deem that the product itself functions as the automobile parts. - The instant product constitutes the manufacturing or metal processing business of other metal products, as it is produced through the process, such as liver type, on the hack pipe form. 2) Accordingly, on April 28, 2017, the Defendant rejected the instant report on the following grounds (hereinafter the instant disposition) on the Plaintiff.

[Ground for recognition] Unsatisfy

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion: (a) the instant product is used as part of the automobile; (b) no separate re-processing is carried out after the Plaintiff’s delivery; (c) the entire amount of the instant product produced by the Plaintiff is supplied to the automobile parts manufacturers; and (c) the instant product ought to be classified as automobile parts even if it is based on the “standards for Determination of Types of Exclusive Automobile Parts Business” which is the Defendant’s business management guidelines; and (d) the instant product should be classified as an exclusive automobile parts; and (e) the Plaintiff’s other metal products manufacturing business or the automobile parts manufacturing business

(b) The details of the relevant statutes are as shown in the attached statutes.

C. The Plaintiff, as a result of the establishment, cut the lecture hall mainly after the establishment of the Plaintiff.

Since 2008.

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