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(영문) 대법원 2020.04.09 2019두61137
사업종류 변경 처분 등 취소 청구의 소
Text

The judgment below

The part on the defendant's Labor Welfare Corporation shall be reversed, and this part of the case shall be Busan High Court.

Reasons

The grounds of appeal are examined.

1. The reasoning of the lower judgment on the summary of the case reveals the following circumstances.

On January 13, 1992, the Plaintiff reported the establishment of the industrial accident insurance relationship with Defendant Korea Workers' Compensation and Welfare Service (hereinafter referred to as the "Defendant") on the type of business with respect to the steel-market processing factory located in the Korea Workers' Compensation and Welfare Service (hereinafter referred to as the "instant business establishment") as the "do retail and consumer product repair business", and accordingly paid the industrial accident insurance premium accordingly.

B. On January 15, 2018, the Defendant: (a) determined that the business type of the instant place of business was changed to that of “a business operating in the wholesale retail and consumer goods repair business” (industrial premium rate of 9/1,000) of various metals; and (b) notified the Plaintiff thereof as of January 1, 2014 (industrial premium rate of 19/1,000)

(hereinafter referred to as “instant modification on the type of business”). C.

As a follow-up measure following the determination on change in the type of business of this case, the National Health Insurance Corporation of the lower court notified the Plaintiff of KRW 93,675,300 as the industrial accident insurance premium for the period from January 1, 2014 to December 31, 2016, and KRW 59,912,370 as the industrial accident insurance premium for the aforementioned period on February 21, 2018, respectively.

(hereinafter referred to as “the imposition of the instant additional premium” in total) D.

The Plaintiff filed the instant lawsuit against the Defendant seeking revocation of the instant change in the type of business, and filed the instant lawsuit against the joint Defendant and the National Health Insurance Corporation, seeking revocation of the instant disposition on imposition of additional insurance premium.

2. The judgment of the court below and the main issue of this case

A. (1) The lower court cannot be deemed to have a direct change or disadvantage to the Plaintiff’s rights and duties solely on the basis of the Defendant’s modification of the business type of the instant case. According to the determination on modification of the business type of the instant case, the Defendant Joint Defendant National Health Insurance Corporation imposed the instant additional premium

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