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(영문) 서울행정법원 2019.10.22 2018구합62126
산재보험료부과처분취소
Text

1. All measures taken by the Defendant to collect each industrial accident compensation insurance benefits listed in the separate sheet against the Plaintiffs.

Reasons

Details of the disposition

On October 20, 2015, the plaintiffs operated an English teaching school as married couple, and received a building permit from the head of Nam-gu Incheon Metropolitan City, Nam-gu, Incheon Metropolitan City, for detached houses with a size of 178.26 square meters on land C (hereinafter “instant housing”).

On September 24, 2015, the Plaintiffs concluded a contract for construction work for E running “D” and the instant housing (the construction work period: from October 22, 2015 to April 30, 2016; the construction work amount: KRW 210,00,000).

The Plaintiffs agreed on November 27, 2015 on the contract for the construction work E and the construction work.

(Adjustment Amount: 132,100,000). The Plaintiffs concluded a contract with G Co., Ltd. (hereinafter “G”) on May 2016, in addition to concluding a contract for the remaining construction works for the construction of the instant housing with multiple companies, including F Co., Ltd. for construction of the instant housing, around April 2016.

G Workers H suffered from a disaster, such as the dump damage from the rooftop on June 18, 2016 (hereinafter “the disaster in this case”).

On August 5, 2016, the Defendant notified the Plaintiffs as insured under Article 5 of the former Act on the Collection of Insurance Premiums, etc. for Employment Insurance and Industrial Accident Compensation Insurance (amended by Act No. 16268, Jan. 15, 2019; hereinafter “former Employment Insurance Premium Collection Act”) regarding the instant accident. Pursuant to Article 26(1) of the former Employment Insurance Premium Collection Act; Article 34(1) of the former Enforcement Decree of the former Act on the Collection of Insurance Premiums, etc. for Employment Insurance and Industrial Accident Compensation Insurance (amended by Presidential Decree No. 28505, Dec. 26, 2017; hereinafter “former Enforcement Decree of the Insurance Premium Collection Act”), the Defendant issued a disposition to collect each industrial accident compensation insurance benefits as shown in the attached list.

(hereinafter “each of the instant dispositions”). The Plaintiffs are the instant dispositions.

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