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(영문) 서울행정법원 2016.09.22 2016구합57298
산재보험료 부과처분 취소 청구
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit shall be borne by the Plaintiff, including the costs incurred by participation.

Reasons

1. Details of the disposition;

A. On July 1, 1995, the Plaintiff is a person who manufactures and sells clothing, stick and consensus, etc. after establishing a mutual company called “C” at the location of the Namyang-si (hereinafter “instant workplace”).

B. On April 29, 2014, the Plaintiff dispatched two workers to the E plant located in Nam-si, Namyang-si, which is operated by the subcontractor (hereinafter “Namyang-si factory”), and on April 29, 2014, the employee F, during the work process, was involved in an industrial accident, and the Intervenor’s Intervenor (hereinafter “ Intervenor”) conducted a fact-finding survey on the Plaintiff’s workplace.

C. On July 16, 2014, the Intervenor: (a) deemed that the Plaintiff’s type of industrial accident insurance business constituted “other manufacturing business;” and (b) applied the Plaintiff’s type of industrial accident insurance business to “any other manufacturing business, such as photograph board, fooder, etc.” as “any other manufacturing business”; and (c) notified the Plaintiff of the payment of the industrial accident insurance premium at the end of each month by applying the industrial accident insurance premium rate corresponding to the relevant type of business.

On July 18, 2014, the Plaintiff filed a claim with the Central Administrative Appeals Commission for revocation of changing the type of industrial accident insurance business with the Central Administrative Appeals Commission, but the said claim was dismissed on March 17, 2015.

E. On May 2015, the Plaintiff: (a) separated an intervenor’s employees engaged in manufacturing at the Namyang-ju factory; and (b) employees engaged in wholesale and retail business from the Seoul Office located in the Seoul Office located in the first floor of 2.83 (hereinafter “Seoul Office”); (c) filed a report on the establishment of the industrial accident insurance that applies the industrial accident insurance premium according to the pertinent type of business; and (d) the Intervenor calculated the industrial accident insurance premium by separating the instant workplace, Nam-ju factory, and Seoul Office on November 24, 2015; and (e) notified the Plaintiff of the amount reduced due to the decrease in the number of employees in the instant workplace.

F. On the other hand, the defendant.

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