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(영문) 서울고등법원 2018.11.13 2018누52657
산재보험료부과처분취소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal shall include the part resulting from the participation in the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the cases where the defendant 9-4 through 7-7 of the judgment of the court of first instance is used as follows. Thus, the part to be used after being cited pursuant to Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act. In addition, each contract concluded between the plaintiffs and the original contractor can be acknowledged that the plaintiffs, who are the rental business operator, lease construction machinery, including the driver, provide the original contractor with services for the installation and dismantling of construction machinery, and the payment for the use of construction machinery, and thus, it can be acknowledged that the above contract concluded between the plaintiffs and the original contractor, even if the nature of labor contract was somewhat different, it is reasonable to deem that the lease contract is basically a contract for specific completion of the contract, and that the contract is not a contract for warranty liability for specific completion of the contract.

(The provision of installation and dismantling services together with a driver in the other workplace rental agreement is only the provision that requires a driver's license for operation of the other workplace and the provision that involves the structure and operation of the other workplace). Accordingly, Article 9(1) of the Employment Insurance Premium Collection Act cannot be applied to each of the above contracts.

[A] According to the statement of evidence No. 12, the Ministry of Employment and Labor, from January 1, 2018, regards construction machinery workers (including operators, repair workers, technicians, etc.) including construction machinery under a lease contract in the construction site as constituting a contract for work, and thus, the original contractor is insured and insurance premium.

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