Text
1. The Defendant’s collection of employment insurance premiums and industrial accident compensation insurance premiums for the Plaintiff on April 23, 2018.
Reasons
1. Details of the disposition;
A. From July 17, 2015 to April 9, 2018, the Plaintiff is a person registered as a business owner of “C” (hereinafter referred to as “instant workplace”) located on the B and the second floor of Yasan-gu, Jeonju-si.
B. On April 23, 2018, the Defendant issued a disposition to the Plaintiff to collect the unpaid settlement premium (hereinafter “instant collection disposition”) totaling KRW 568,170 (=230,750 KRW 337,420) on the ground that the unpaid settlement premium was unpaid in KRW 230,750 and KRW 337,420 on the employees of the instant workplace (hereinafter “instant collection disposition”).
C. On June 1, 2018, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission, but the said commission dismissed the Plaintiff’s claim on December 4, 2018.
[Reasons for Recognition] Unsatisfy, Entry B in the Evidence Nos. 1 and 2
2. Whether the collection disposition of this case is legitimate
A. A. A summary of the party’s assertion 1) The Plaintiff’s employment insurance and industrial accident insurance bear the burden of the business owner who actually runs the workplace. The actual business owner of the instant workplace is D, not the Plaintiff. Therefore, the Defendant’s instant collection disposition is imposed on a person who is not the business owner, and thus, should be revoked as it is unlawful. 2) Since the Defendant Plaintiff received the right to use the instant workplace and the right to benefit from the use of the facilities from the instant workplace from
Even if the Plaintiff was not the nominal lender of the instant workplace, as long as the Defendant’s side was unaware of this, the Plaintiff bears the responsibility of the nominal lender under Article 24 of the Commercial Act, and thus the instant disposition is lawful.
(b) The details of the relevant statutes are as shown in the attached statutes.
(c) A party to an insurance relationship, such as an insured under the Industrial Accident Compensation Insurance Act, shall not be determined as reported by the Korea Workers’ Compensation and Welfare Service, but by the substance of the relevant fact, regardless of the report.