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(영문) 서울행정법원 2019.09.05 2018구합85136
보험료채무부존재확인 청구의 소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is an employer who runs a place of business that conducts advertising agency business under the trade name of “C” (hereinafter “instant place of business”).

B. From December 23, 2008, the insurance relationship under the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”) was established, and around that time, three workers were employed to have been mandatorily subject to the National Pension Service. From August 18, 2009 to August 18, 2009, the Plaintiff and the employees of the instant workplace acquired the eligibility as the employee insured under the National Health Insurance Act.

C. Around August 2018, the Plaintiff received a criminal complaint from the Defendant National Health Insurance Corporation (the head of Gangnam-dong Branch) for the amount in arrears of 12,873,868 won in health and medical care insurance premium (from September 2009 to April 201) against the Defendant National Health Insurance Corporation (from September 2009, to April 201), the amount in arrears of 19,480,950 won in arrears (from May 5, 2009 to December 201), the employment insurance premium for the Defendant Labor Welfare Corporation (from March 5, 2009 to November 5, 2010), the amount in arrears of 1,517,790 won in arrears, and the amount in arrears of the insurance premium for the Defendant Labor Welfare Corporation (from March 2009 to November 2010, referred to as “in arrears of 30 months in arrears”) from October 10, 2015.

If B does not pay B by September 10, 2018, it is known that it is expected to file a criminal charge in accordance with the relevant laws and regulations.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence No. 1, purport of whole pleadings

2. Judgment on the main safety defense by Defendant Labor Welfare Corporation

A. The Act on the Collection of Insurance Premiums, etc. for Employment Insurance and Industrial Accident Compensation Insurance (hereinafter “Industrial Accident Insurance Premium Collection Act”) is amended to the summary of the Defendant Labor Welfare Corporation’s main defense of safety, and the collection of insurance premiums for the Defendant Labor Welfare Corporation from January 1, 201 to January 1, 201.

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