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(영문) 대구지방법원 2017.11.24 2017구단10062
산업재해보상보험 사업종류 변경 등 처분 취소
Text

1.(a)

On December 22, 2015, Defendant Labor Welfare Corporation issued a disposition to change the type of industrial accident compensation insurance business to the Plaintiff.

Reasons

1. Details of the disposition;

A. On December 18, 1996, the Plaintiff was a corporation established for the purpose of manufacturing, processing, and selling steel special steel, and the type of business of industrial accident compensation insurance (hereinafter “industrial accident insurance”) is classified as “dore retail and repair business (type of business: 9101)” and has been subject to the industrial accident compensation insurance premium rate.

B. On December 22, 2015, the Defendant Workers’ Compensation and Welfare Service changed the Plaintiff’s type of industrial accident insurance business to “a business running wholesale and retail and consumer goods repair business” on the ground that the Plaintiff’s industrial accident insurance business type constituted “business running a business of melting or cutting various metals (type of business: 21814).”

C. Following the change in the type of industrial accident insurance business as above, the Defendant National Health Insurance Corporation issued a disposition to collect KRW 16,361,760 on December 21, 2015, and KRW 23,428,380 on monthly insurance premiums, and KRW 1,853,850 on January 20, 2016, and KRW 23,428,370 on monthly insurance premiums.

On September 30, 2016, the Central Administrative Appeals Commission filed an administrative appeal against the foregoing change in the type of business and the collection disposition. On September 30, 2016, the Supreme Court rendered a ruling to revoke the Plaintiff’s change in the type of business and the collection disposition on the ground that the Plaintiff’s business type of industrial accident insurance falls under “the wholesale retail and consumer product repair business” in accordance with the business type forecast table before the amendment in 2014.

(hereinafter referred to as the "disposition in this case"). 【Disposition in Change and Collection of Business Types remaining after the revocation by a ruling / [based on recognition] / 【Us. 1 and 2, Eul evidence No. 1 and Eul evidence No. 1 (including each number in the case with a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment on the main safety defense by Defendant Labor Welfare Corporation

A. On September 30, 2016, the Plaintiff’s assertion by Defendant Korea Labor Welfare Corporation filed an administrative appeal on the instant disposition, and rendered a ruling by the Central Administrative Appeals Commission on September 19, 2016.

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