logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2015.11.10 2015구합21641
산업재해보상보험 사업종류 변경처분 등 취소 청구
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Details of the disposition;

A. On December 31, 2013, the Minister of Employment and Labor, based on Article 14(3) and (4) of the Act on the Collection of Insurance Premiums, etc. for Employment Insurance and Industrial Accident Compensation Insurance (hereinafter “Act”), Article 13 of the Enforcement Decree of the same Act, and Article 12 of the Enforcement Rule of the same Act, the Ministry of Employment and Labor publicly announced the industrial accident insurance premium rate for each type of business applicable in 2014 to the Ministry of Employment and Labor’s notification (hereinafter “instant notification”). In the example of the instant notification, the type of business defined the manufacturing business as “the business of manufacturing new products by adding physical and chemical changes to organic or inorganic substances” among the subordinate types of business as examples of “the business of compressing new products”.

In addition, with respect to the above types of business and other businesses, the notice of this case provides for "do retail and consumer product repair business" as business tax item, and provides for "the collection and sale of metals for recycling, the collection and sale of non-metallics for recycling, the collection and sale of plastics for recycling, the collection and sale of materials for recycling, and the collection and sale of rubber for recycling, and the collection and sale of notice."

B. From January 10, 2008, Defendant Korea Workers’ Compensation and Welfare Service determined that the Plaintiff engaged in the business of simply collecting and selling solid goods, such as spawn, newspapers, and scrap iron, and determined that the Plaintiff’s business type falls under the Plaintiff’s industrial accident insurance premium calculation, and imposed the industrial accident insurance premium applying the insurance premium rate of 10/1,000 or 11/1,000 accordingly.

C. In the process of compressioning the abolition on June 14, 2014, the Plaintiff’s employee A suffered injury, such as the right stiff, and obtained approval from the occupational accident. In the process of investigating the said accident, the Defendant Workers’ Compensation and Welfare confirmed the sales of the Plaintiff’s products sold by compressing it with the compressed machine, and the Plaintiff’s business compressings high water.

arrow