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(영문) 창원지방법원 2017.08.22 2016구합53348
산업재해보상보험 사업종류 변경처분 취소
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 has entered into a service contract with the non-party delel. D.C. (hereinafter “non-party company”) and carries out the selection of steel.

B. The outline of the Plaintiff’s work is as follows.

1) If the non-party company loaded and unloaded the steel materials transported by the vessel at a port and unloaded to the Plaintiff’s workplace, the Plaintiff shall classify the said steel materials by transporting them to clers according to the standards, such as the date of using the steel materials. 2) The Plaintiff re-designated and stored steel materials in accordance with the standards, such as vessel block, etc. to be used as parts.

(Attachment 1) The Plaintiff’s employees are classified as “transport auxiliary service business (including business tax item 50801, subway service, freight brokerage business, etc.)” from among businesses classified under Article 12 of the Enforcement Rule of the Act on the Collection of Insurance Premiums, etc. for Employment Insurance and Industrial Accident Compensation Insurance (amended by Ordinance of the Ministry of Employment and Labor No. 145, Dec. 31, 2015) and classified as “transport auxiliary service business (including freight service business item 50801, subway service, freight brokerage, etc.),” and paid industrial accident compensation insurance by applying 9/1,00 to the Plaintiff’s employees, such as steel premium rate, 100, and 30/100 of the Enforcement Rule of the Act on the Collection of Insurance Premiums, etc.

) On January 22, 2016, a disposition was made to change the industrial accident insurance premium rates of the above two categories of business, and on January 22, 2016, the difference between 49,402,010 won was imposed (hereinafter collectively referred to as “instant disposition”).

E. The Plaintiff.

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