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(영문) 대구지방법원 2019.09.11 2019구합21582
체납금부과처분취소
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On January 24, 2009, the Plaintiff (hereinafter “instant taxi association”) was appointed as the head of the branch office in Jung-gu branch office in Jung-gu, Jung-gu (hereinafter “instant taxi association”) and was dismissed on September 12, 2012.

(hereinafter “instant dismissal”) b.

On September 14, 2012, the Plaintiff asserted that the instant dismissal was unfair, and filed an application for remedy with the Busan Regional Labor Relations Commission. On November 12, 2012, the said commission rendered a dismissal ruling on the ground that “the Plaintiff was not a worker under the Labor Standards Act, and thus, is not recognized as a party to the application for remedy.”

On February 15, 2013, the Plaintiff, who was dissatisfied with the above decision, filed an application for reexamination with the National Labor Relations Commission, but the application for reexamination was dismissed.

C. As above, on May 31, 2013, the taxi cooperative of this case, where the Labor Relations Commission decided to deny the Plaintiff’s worker status, submitted to the Defendant a report on the deprivation of qualification of the health insurance policyholder with the purport that “the Plaintiff lost its qualification as the health insurance policyholder on January 24, 2009.”

Accordingly, as of January 24, 2009, the Defendant imposed a notice on the Plaintiff on June 3, 2013 on the insurance premium of KRW 2,686,10 from May 201 to September 2012, where the statute of limitations for the collection of insurance premium has not been completed as of May 24, 2013, and KRW 2,798,780 (payment period: July 10, 2013) in total, KRW 2,798,780 (payment period) in total, from May 3, 2013.

E. However, the Plaintiff did not pay the above insurance premium by July 10, 2013. From July 2013 to September 2018, the Defendant sent a notice to urge the Plaintiff to pay KRW 2,814,090 (hereinafter “instant insurance premium”) total amount of insurance premium and arrears at least 69 times, and sent a notice to urge the Plaintiff to pay the instant insurance premium on June 21, 2019.

(hereinafter “instant demand notice”). 【The ground for recognition” has no dispute, and Party A’s 1 through 1.

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