logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.08.28 2018누48139
산업재해보상보험 급여징수금 부과처분 취소청구의 소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited in this case is as stated in the reasoning of the judgment of the court of first instance, except where the plaintiff added the judgment of the court of first instance as to the assertion at the appellate court as set forth in the following paragraph (2). Thus, this is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of

2. Additional determination

A. The Plaintiff’s assertion is merely a construction business since the Plaintiff’s instant machinery was produced and transported directly at the Plaintiff’s plant, and was supplied by simply assembling and supplying the machinery at the sn beamline at the site where a meeting is scheduled to be held. Since the instant machinery manufacturing and supply business does not include installation work, it does not constitute construction business.

The instant disposition taken on a different premise is unlawful.

B. Determination 1) In order to determine where the type of business of a company falls under any of the industrial accident insurance premium table publicly notified by the Ministry of Employment and Labor, the company’s business type should be equally taken into account not only the license or registered type of business, but also the real contents of business and the type of work (see, e.g., Supreme Court Decision 2002Du6866, Mar. 28, 2003). Since one premium rate is applied to one business or workplace, where one company engages in different types of business as different types of business depending on the principle of one business premium rate, the insurance premium rate shall vary for each workplace unless it falls under the block application of the business. Meanwhile, (i) construction work as a matter of principle, (ii) construction work as defined in the Framework Act on the Construction Industry, (iii) construction work as defined in Article 2 subparag. 4 of the Framework Act on the Construction Industry, (iv) construction work for installing, maintaining and repairing facilities regardless of its name.

Installation and dismantling works of machinery and equipment and other structures.

arrow