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(영문) 부산지방법원 2016.11.11 2016구합23111
산재보험 사업종류변경신청 반려처분 취소
Text

1. On October 14, 2015, the Defendant’s rejection of the application filed against the Plaintiff for change of the type of industrial accident compensation insurance business.

Reasons

1. Details of the disposition;

A. The Plaintiff, a corporation engaged in the special paints and manufacturing business of pressure vessel parts, special co-rating manufacturing business, etc., has manufactured valves, dump, and tubes, which are parts of machinery and equipment used in chemical plants, oil refining plants, power plant, etc. (in-house heat exchange equipment).

B. Article 14(3) of the Employment Insurance and Industrial Accident Compensation Insurance Act (hereinafter “Act”) and Article 12 of the Enforcement Rule of the same Act classify the type of the Plaintiff’s business as “business of 218 non-metallic mineral products and metal products or metal processing business” among “business items 218 non-metallic mineral products or metal products” as “business of putting on or off various metals 21814” and applying the applicable insurance premium rate accordingly.

C. On June 11, 2015, the Plaintiff: (a) changed the type of business of industrial accident compensation insurance (hereinafter “industrial accident insurance”) to the manufacturing business of various machinery or parts attached thereto; and (b) submitted a report on the change of the insurance relationship to which the applicable insurance premium rate is changed.

On October 14, 2015, the defendant's rejection of the report is "the disposition of this case" on the ground that "the final service provided by the plaintiff is judged to be a contact with various metals, and the parts of the machinery are not directly produced."

E) The Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission on December 3, 2015, but the Plaintiff’s appeal was dismissed on May 17, 2016. [Grounds for recognition] The Plaintiff’s appeal was dismissed on the ground of lack of dispute, A, 1, 2, 3, 8, 11, 12, 13, 1, 2, 1 and 2 (including each number, hereinafter the same shall apply).

each entry, the purport of the whole pleading

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion (1) The Plaintiff’s assertion is based on the strings, valves, and tubes, which are parts of the heat exchange system.

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