Chuncheon Market (Attorney Lee Jong-chul, Counsel for the defendant-appellant)

National Health Insurance Corporation

May 18, 2012

1. The instant lawsuit shall be dismissed.

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

The defendant's imposition of the employment insurance premium in 2006 (79,803,020) on December 28, 2009 against the plaintiff is invalid, and the imposition of the employment insurance premium in 2007 on July 28, 2010 is revoked.

1. Details of the disposition;

The Korea Workers' Compensation and Welfare Service imposed on the Plaintiff KRW 79,803,020 (Insurance premium + KRW 26,883,020) on the registered security guards belonging to Chuncheon-si, on December 28, 2009, on the ground that the registered security guards belonging to Chuncheon-si were deemed to be workers and the Plaintiff omitted the wages of the registered security guards working in Chuncheon-si in reporting and paying the employment insurance premium during that period, and on July 28, 2010, imposed on the Plaintiff KRW 58,212,00 (Insurance premium + KRW 52,920,000) on the registered security guards belonging to Chuncheon-si, respectively (hereinafter referred to as the "each disposition of this case").

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination on this safety defense

A. The assertion

The Plaintiff asserted that the disposition of the instant case is effective when the Health Insurance Corporation notifies the other party to the disposition of the insurance premium, etc., and accordingly, the Defendant requested the revocation of the disposition of the instant case against the Defendant, and that it is only entrusted with the affairs of collecting the employment insurance premium pursuant to the revision of the Act on Collection of Insurance Premium, and Article 4 of the Act on Collection of Insurance Premium, etc., Article 5 of the Addenda of the Act on Collection of Insurance Premium provides that “an act by the Korea Workers' Compensation and Welfare Service or against the Korea Workers' Compensation and Welfare Service pursuant to the previous provisions before this Act enters into force shall be deemed an act by the Defendant or against the Defendant.” The disposition of the employment insurance premium shall take effect when the Korea Workers' Compensation and Welfare Service notifies the other party to the disposition of the insurance premium, etc., and that the disposition of the instant case is unlawful since the Defendant only entrusted with the affairs of collecting the insurance premium pursuant to Article 16-2 of the Act on Collection of Insurance Premium, and thus, the Defendant’s lawsuit against the other party to the instant disposition of the Korea Workers' Compensation and Welfare Service shall be subject to appeal.

B. Relevant statutes

The entries in the attached Table-related statutes are as follows.

C. Determination

Unless otherwise expressly provided for in other Acts, administrative litigation seeking the cancellation of a false administrative disposition shall be the defendant with the administrative agency externally conducted the administrative disposition, etc. subject to the lawsuit under its name. In this case, in light of the purport of the Act on Collection of Insurance Premiums to entrust the National Health Insurance Corporation with the affairs of collecting insurance premiums for employment and industrial accident insurance (notification, receipt and default management) conducted by the Korea Workers' Compensation and Welfare Corporation in order to resolve inconvenience to the social insurance subscribers due to the objective meaning of the aforementioned relevant Acts and subordinate statutes and the different collection system of insurance premiums, and to enhance the efficiency of dealing with social insurance affairs, etc., the previous Korea Workers' Compensation and Welfare Corporation imposed employment insurance premiums, additional dues, arrears, etc. (hereinafter referred to as "employment insurance premiums, etc.") upon the revision of the Act on Collection of Insurance Premiums, and its affairs are clear that the Korea Workers' Compensation and Welfare Corporation was entrusted by the Minister of Labor and Welfare, and it does not affect the subject of the disposition by the National Health Insurance Corporation. Thus, the plaintiff still did not seek cancellation of the disposition against the plaintiff (the plaintiff as the other subject of the disposition in this case.

3. Conclusion

Therefore, since the lawsuit of this case is unlawful, it is decided to dismiss it. It is so decided as per Disposition.

[Attachment Form 5]

Judges Park Sang-gu (Presiding Judge)