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(영문) 대전지방법원 2016.01.28 2015구합600
산재보험료 추징처분 취소
Text

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

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

Reasons

1. Details of the disposition;

A. On December 29, 2014, the Korea Workers’ Compensation and Welfare Service sent to the Plaintiff a written statement to the effect that the Plaintiff’s type of industrial accident insurance business was changed from January 19, 2006 to the comprehensive management business of buildings, etc. (90502) and accordingly, the premium rate will be adjusted accordingly.

B. The above A.

Upon the adjustment of the premium rate stated in the port, the Defendant issued a disposition to the Plaintiff on January 20, 2015, imposing KRW 3,498,990 of the industrial accident insurance premium, and the same year.

2. 23. 23. The imposition of KRW 1,318,350 of the industrial accident insurance premium (hereinafter collectively referred to as the “instant disposition”) was imposed, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Eul evidence 1-1, the purport of the whole pleadings

2. In light of the following circumstances, the part pertaining to the change of the Plaintiff’s type of industrial accident insurance business among the instant disposition is unlawful.

The Plaintiff runs a security business and cleaning business for up-to-date distribution shops with 297 households as six security guards and two cleaning workers. In determining the type of industrial accident insurance business against the Plaintiff, the Plaintiff’s main business is to provide a large number of employees pursuant to Article 14 of the Enforcement Decree of the Act on the Collection of Insurance Premiums, etc. for Employment Insurance and Industrial Accident Compensation Insurance (hereinafter “Employment Insurance Premium Collection Act”). As such, the Plaintiff is not a comprehensive manager of buildings, etc., but a business service provider.

B. It is unreasonable that the Plaintiff’s industrial accident insurance premium rate, which was entrusted by other companies to repair and repair high-tech distribution shops, as a non-profit administrative affairs office that conducts simple cleaning, etc., is higher than the industrial accident insurance premium rate of dangerous type of business than the Plaintiff’s industrial accident insurance premium rate of dangerous type of business, such as air transport business, glass fiber manufacturing business, metal refining and gas business.

C. The instant disposition purporting to impose industrial accident insurance premiums retroactively to the Plaintiff by 2011, which is subject to the imposition of industrial accident insurance premiums to the Plaintiff by 2011.

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