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(영문) 광주지방법원 2015.08.13 2014구합11908
직장가입자자격취득취소 및 건강보험사업자적용취소처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On September 18, 2008, the Plaintiff and the Plaintiff acquired the status of the Plaintiff as an employment-provided policyholder (hereinafter referred to as the “instant workplace”) operated real estate brokerage business under the trade name of the real estate agent C in netcheon City B (hereinafter referred to as the “instant workplace”). On September 18, 2008, the Plaintiff and D maintained the qualification as an employment-provided policyholder under the National Health Insurance Act.

Around July 2014, the Defendant: (a) visited the instant workplace to conduct guidance and inspection; and (b) as a result, D was not a full-time employee under the National Health Insurance Act; (c) on August 1, 2014, the Defendant issued the following dispositions against the Plaintiff: (a) “Notice on the Revocation of the Acquisition of Qualification as Employment Provided Policyholders and the Cancellation of the Application of the Health Insurance Business Place

(hereinafter “instant disposition”)

2. On September 1, 2008, as a result of the verification of eligibility as an employment-provided policyholder of a business place returning to another business place on September 1, 2008, the acquisition and cancellation of eligibility as an employee does not constitute a worker for the following reasons, and accordingly, in the case of a business entity returning to the business, the application of the business place is determined as an employee without a worker and notified by retroactively cancelling the eligibility as an employee.

- - Aro -

(a) Grounds for cancellation of acquiring D: Payment of allowances as an allowance at the time of occurrence of brokerage service fees (non-standing work) by a broker service fee (no certificate of business trip, business day, various reported data, and certificate of transfer of benefits, etc.) by the National Health Insurance Service (no certificate of payment transfer) is available (no certificate of payment transfer) for non-regular workers (Article 9(1) of the Enforcement Decree of the National Health Insurance Act);

B. Grounds for revoking the application of workplace: The Plaintiff filed an objection against the instant disposition against the Defendant on August 8, 2014, by the employer of a workplace that has no employee or employs part-time workers (Article 9(4) of the Enforcement Decree of the National Health Insurance Act). The Defendant filed the objection on September 11, 2014.

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