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(영문) 서울고등법원 2018.08.23 2017누82064
산업재해보상보험 사업종류 변경 처분 취소의소
Text

1. The part of the judgment of the first instance against the Defendant Labor Welfare Corporation shall be revoked.

2. The plaintiff's defendant Korea Labor Welfare Corporation.

Reasons

1. Details of the disposition;

A. The Plaintiff is a juristic person established under the Korea Rural Community Corporation and Farmland Management Fund, which establishes and operates a branch office in consideration of the jurisdictional area and the administrative district. The Plaintiff’s Yangyang Seoul Branch (hereinafter “instant workplace”) has been subject to the Industrial Accident Compensation Insurance Act from January 1, 200 to “any other business (business)” under the Industrial Accident Compensation Insurance Act.

B. As a result of conducting a fact-finding survey on the instant workplace around October 2015, Defendant Korea Workers’ Compensation and Welfare notified the Plaintiff that the type of industrial accident insurance business at the instant workplace is changed from January 1, 2000 to “8,004 Agricultural Service Business” from January 1, 200 to “8,004 Agricultural Service Business” for the purpose of providing agricultural water among “8,0004 Agricultural Service Business” among the industrial accident insurance premium rates by type of business publicly notified by the Minister of Employment and Labor, based on the table of business types of the industrial accident insurance premium rates by type of business as publicly notified by the Minister of Employment and Labor.

(hereinafter “instant change disposition”). C.

Accordingly, on December 9, 2015, the Defendant Korea Workers' Compensation and Welfare Service notified the Plaintiff of the imposition of additional industrial accident insurance premium of KRW 21,460,670 in 2012, KRW 19,256,590 in 2013, KRW 18,087,30 in 2014, and the Defendant National Health Insurance Corporation notified the Plaintiff of the collection of additional industrial accident insurance premium of KRW 18,087,30 in 2014.

(hereinafter “instant collection disposition”). D.

The Plaintiff appealed to the instant modified disposition and the collection disposition (hereinafter “each disposition of this case”) and filed an administrative appeal with the Central Administrative Appeals Commission, but all of the appeals were dismissed on August 23, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2 through 4, and Eul evidence 9 (including branch numbers for those with serial numbers), the purport of the whole pleadings

2. The plaintiff's assertion

(a) The duties of the employees belonging to the maintenance and management set of the regional development department among the entire employees of the workplace in this case.

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