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(영문) 서울행정법원 2017.02.23 2016구합66445
정상보험료부과처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a company that runs landscaping construction business, soil construction business, etc.

B. Around July 30, 2015, the Defendant conducted a guidance and inspection for the Plaintiff, and confirmed 431 cases where the Plaintiff did not report the acquisition of employment provided policyholder qualification to the Defendant even though the Plaintiff employed daily workers for at least one month without reporting the establishment of each construction site from January 2013 to June 2015.

Accordingly, on January 6, 2016, the Defendant notified the Plaintiff of the result of the workplace guidance inspection, including the content that the insurance premium for the said worker was totaled KRW 147,238,760, etc., when granting the said worker qualification as an employment provided policyholder retroactively according to the respective working period.

C. On January 26, 2016, the Defendant notified the Plaintiff of the payment of KRW 105,243,240,00 in total, including KRW 100,724,00 based on the result of the foregoing workplace guidance and inspection and KRW 4,519,240, including the insurance premium for January 2016 and KRW 105,243,240.

(hereinafter referred to as the "disposition in this case"). 【No dispute exists with respect to the settlement premium, Gap's 1 to 3 evidence, Eul's 2 (including the provisional number), and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. According to the National Health Insurance Act, all workplace employees except daily workers employed for a period of less than one month shall be the employee insured (Article 6(2)1). The employer of all workplace shall be liable to pay to the Defendant the amount of the insurance premium to be borne by the employee insured out of the insurance premium for the month from the month following the month in which the employee insured acquired qualification to the month in which he/she loses his/her qualification until the month before the day before the day he/she loses his/her qualification, along with

(Articles 69(2), 76(1), and 77(1) and (3). The Plaintiff is employed by the Plaintiff’s workplace for at least one month from January 2013 to June 2015, and acquires the qualification of an employment provided policyholder.

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