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(영문) 서울행정법원 2017.08.10 2016구합81895
산재보험료부과처분취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff, a corporation established pursuant to the Korea Rural Community Corporation and Farmland Management Fund Act, establishes and operates a branch office in consideration of the jurisdictional area and the administrative district, and the Plaintiff’s leisure and loan branch (hereinafter “instant workplace”) has been subject to application of the type of business under the Industrial Accident Compensation Insurance Act as “business service business of 90502” from January 1, 200. (b) The Defendant Korea Workers’ Compensation and Welfare Corporation, as a result of conducting a fact-finding survey on the instant workplace around October 2015, notified the Plaintiff of the change of the type of business of the instant workplace from January 1, 200 to “804 Agricultural Service” on the ground that the main business of the instant workplace is operation of repair facilities to provide agricultural water.

(hereinafter “instant change disposition”). C.

Accordingly, on December 21, 2015, Defendant National Health Insurance Corporation collected and notified additional industrial accident insurance premiums of KRW 50,243,830 in 2012, KRW 49,016,720 in 2013, and KRW 45,890,540 in 2014 to the Plaintiff.

(hereinafter “instant collection disposition”). D.

The Plaintiff was dissatisfied with 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 on February 11, 2016, but was entirely dismissed on August 23, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 to 1 (including paper numbers), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion 1) Of the total 38 employees of the instant workplace, the duties of 14 employees of the Water Resources Management Department consisting of “804 agricultural service business” but the remaining 24 employees (the duties of the branch president, the farmland bank department, and the regional development department are “909 architectural technology, engineering, and related technical service business” by means of construction supervision, supervision, and the formulation of business plans.

Therefore, the main work of the instant workplace is as follows.

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