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(영문) 서울고등법원 2015.09.15 2015누37398
고용.산재보험사업종류변경처분취소등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. On April 3, 1998, the Plaintiff was established for the purpose of engaging in the meat processing business, etc. of livestock products, and registered as a business operator on April 6, 1998, and subscribed to industrial accident compensation insurance (hereinafter “industrial accident insurance”). The Korea Workers’ Compensation and Welfare Service (hereinafter “Korea Workers’ Compensation and Welfare Service”) considered the Plaintiff’s type of business as constituting “land product manufacturing business” in the Industrial Accident Compensation Insurance Premium Rates and the business examples table publicly notified by the Minister of Employment and Labor, and imposed insurance premiums at a premium rate corresponding thereto.

B. On April 5, 2007, the Plaintiff filed a report on the change of the insurance relationship with the Korea Labor Welfare Corporation as to changing the business type into “land wholesale and retail business,” and the Korea Labor Welfare Corporation changed the Plaintiff’s business type from “land products or milk products manufacturing business” to “do retail and consumer products repair business” on a retroactive basis as of January 1, 2004.

C. After conducting an on-site inspection of the Plaintiff’s workplace on May 26, 2014, the Korea Workers’ Compensation and Welfare Service re- modified the Plaintiff’s business type from “the wholesale retail and consumer product repair business” to “the business of manufacturing land products and milk products” on a retroactive basis as of April 6, 1998, and accordingly, raised the industrial accident insurance premium rate from 10/1,000 to 20/1,000.

On the other hand, pursuant to the proviso of Article 4 of the Act on the Collection of Insurance Premiums, etc. for Employment Insurance and Industrial Accident Compensation Insurance (hereinafter “Industrial Accident Insurance Premium Collection Act”), the Defendant, who was entrusted with the business of notifying and receiving insurance premiums, etc. by the Minister of Employment and Labor, imposed on the Plaintiff on June 23, 2014, KRW 9,045,280 (including part of the adjusted insurance premiums from around 2011 to May 201), and KRW 7,360,590 (including part of the adjusted insurance premiums from around 2011 to May 2014), respectively, on July 23, 2014.

(hereinafter referred to as “instant disposition”). [Ground of recognition] There is no dispute, A.

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