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(영문) 춘천지방법원 2017.03.31 2016구합51236
고용보험료 및 산업재해보상보험료 징수처분취소
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 mining right holder whose mining plan has been modified with respect to the extraction between gold, silver, smoke, and nets on January 4, 201 in the D Mine located in the Gyeongcheon-gun B and C (hereinafter “instant mine”).

B. As to the extraction in the instant mine, the Plaintiff contracted each of the “mining business, such as digging dust, lighting, and mining,” to the representative of the E Company F from October 1, 201 to March 31, 2013, to the representative of the G Company H from April 10, 2013 to April 30, 2015, and to the representative of the I Company J from May 1, 2015.

(hereinafter referred to as "each of the instant contractors" in total, including E, G, and I, and the contract between the Plaintiff and them is referred to as "each of the instant contracts").

As to the instant mine, the Defendant Intervenor accepted the report on the establishment of the employment insurance and industrial accident insurance relationship of the E company, G company, and it imposed and collected employment insurance and industrial accident insurance premiums to them. On May 4, 2015, the Defendant Intervenor rejected the said report on the following grounds: (a) on the ground that the Plaintiff reported the establishment of the employment insurance and industrial accident insurance relationship with the mining right holder, “in the event that the Plaintiff concludes a contract with the mining right holder and extracts minerals, the mining right holder is a policyholder, as it is managed under the responsibility of the mining right holder; (b) cancelled the establishment of the insurance relationship between the E company and G company; and (c) returned the insurance premiums collected therefrom on July 1, 2010 between the Plaintiff and the Plaintiff.

On September 21, 2015 and October 20, 2015, the Defendant notified the Plaintiff of the payment of the employment insurance premium and the industrial accident insurance premium as listed below, including the settlement insurance premium from 2012 to 2014, for which the period of prescription for imposition of insurance premium has not lapsed since the date of the establishment of the above insurance relationship.

Each "Disposition of September 21, 2015" and "Disposition of October 20, 2015" are "Subject to the revocation of this case" and "Subject to the revocation of this case" in the table below.

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