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(영문) 서울행정법원 2017.02.02 2016구합65176
산재보험사업종류변경신청반려처분취소 청구의 소
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. The Plaintiff is a legal entity that carries on a business ancillary to various cargo transportation, and has been subject to industrial accident compensation insurance (hereinafter “industrial accident insurance”) from October 22, 1997 to 25/1,000 with respect to the head office located in Mapo-gu Seoul, Mapo-gu, Seoul (hereinafter “the head office”) located in the main office (hereinafter “the head office”).

B. The Plaintiff rejected the Plaintiff’s above application on March 17, 2016, on the ground that the Plaintiff applied for the change of the type of industrial accident insurance business to “transport ancillary service (50801)” (the industrial accident insurance premium rate of 2015 9/1,000) or “each level of office (90508)” (the industrial accident insurance premium rate of 2015 10/1,000) unlike the industrial accident insurance business type at the place of business at the headquarters at the headquarters at the nationwide. However, the Defendant rejected the Plaintiff’s above application on the ground that “the type of business at the headquarters is appropriate for the current applicable type of business, and the building management business conducted at the headquarters cannot be deemed as a separate application because

(hereinafter “Disposition in this case”). [Grounds for recognition] The fact that there is no dispute, entry of Gap’s evidence Nos. 1 through 4, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. For the following reasons, the industrial accident insurance premium rate of “traffic auxiliary service business (50801)” or “office at each level (90508)” should be applied not to the industrial accident insurance premium rate applicable to the workplace of the head office (5102) for the following reasons:

Therefore, the instant disposition is unlawful on a different premise.

1 The plaintiff's head office, the head office located in Mapo-gu Seoul Metropolitan Government, the 12th place of business, the 2th place of logistics center, etc. are operated independently, and the head office is mainly engaged in business-related administrative affairs, and the place of business is independent of the rest of each business office except Gangnam-gu.

In addition, administrative work of workers working at the head office shall be assigned to the door-to-door work.

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