A. The meaning of “accidents occurred during the period in which the insured neglected to pay the premium” under Article 26(1)2 of the former Industrial Accident Compensation Insurance Act

B. Whether a disposition that collects part of the amount of insurance benefits from the policyholder is unlawful if the policyholder did not make a demand or payment notice to the policyholder even after the expiration of the period of voluntary payment of the estimated premium

A. In full view of the provisions of Articles 23(1) and (2) and 26(1)2 of the former Industrial Accident Compensation Insurance Act (amended by Act No. 4826 of Dec. 22, 1994), and Article 64-2(2) of the Enforcement Decree of the same Act, the term “accident that occurred during the period in which the insured neglected to pay the premium” under Article 26(1)2 of the same Act shall be interpreted as a disaster that occurred during the period in which the insured neglected to pay the estimated premium by the payment deadline under Article 23(1) and (2) of the former Industrial Accident Compensation Insurance Act.

B. Even if an administrative agency did not urge or notify the insured who did not pay the estimated premium after the expiration of the period of voluntary payment of the estimated premium, the administrative agency’s disposition that collects part of the insurance premium from the insured in accordance with the criteria prescribed in Article 64-2(2) and attached Table 8 of the Enforcement Decree of the same Act shall not be deemed unlawful since it violated the law or deviates from or abused discretion.

A.B. Article 26-2(1)2 and Article 23(1)2 of the former Industrial Accident Compensation Insurance Act (amended by Act No. 4826 of Dec. 22, 1994), Article 64-2(2)2 of the Enforcement Decree of the same Act, Article 27 of the Administrative Litigation Act

Lee Won-public Pharmaceutical Co., Ltd., Counsel for the defendant-appellant-general law office, Counsel for the defendant-appellant-appellant-appellant-appellee

The head of Seoul Southern District Labor Office

Seoul High Court Decision 93Gu14211 delivered on January 14, 1994

The appeal is dismissed. The costs of appeal are assessed against the plaintiff.

The Plaintiff’s attorney’s ground of appeal is examined.

1. Article 26-2 (1) 2 of the Industrial Accident Compensation Insurance Act (hereinafter referred to as the "Act") provides that the Minister of Labor may collect all or part of the amount of benefits from the insured separately under the conditions as prescribed by the Presidential Decree for any accident that occurs during the period in which the insured neglects to pay the premium. Meanwhile, Article 64-2 (2) of the Enforcement Decree of the same Act provides that the collection of insurance benefits under Article 26-2 (1) 2 of the Act shall apply to the accident that occurs during the period from the day following the due date of the estimated premium under Article 23 (1) and (2) of the Act until the day before the payment of the premium is made. In full view of the above provisions, the meaning of the "accident that occurs during the period in which the insured neglects to pay the premium" under Article 26 (1) 2 of the Act shall be construed as a disaster that occurs during the period in which the insured neglects to pay the estimated premium within the due date under Article 23 (1) and (2)

Meanwhile, according to Article 23 (1) and (2) of the Act, the insured shall pay the estimated premium (where the estimated wage amount exceeds a certain scope after paying the estimated total wage amount calculated by multiplying the estimated total wage amount to be paid to all workers employed for each insurance year or the workers to be employed for each insurance year from the day on which the insurance relation is established, by the premium rate, after paying the estimated total wage amount to be paid to such workers from the day on which the insurance relation is established, and after paying the estimated premium and estimated premium, the amount obtained by multiplying

Therefore, when the insured neglects to pay the estimated premium by the deadline for voluntary payment as stipulated in Article 23(1) and (2) of the Act and the administrative agency pays the insurance money, the insurance money can be collected from the insured pursuant to Article 26-2(1)2 of the Act and Article 64-2(2) of the Enforcement Decree of the above Act. The judgment below to the same purport does not err in the misapprehension of legal principles.

2. In addition, as duly admitted by the court below, while the plaintiff who was notified of the deadline for voluntary payment and place of payment of the estimated premium by the defendant did not pay the estimated premium within the fixed period, the defendant paid compensation for bereaved family members of the non-party affected by the disaster, and the defendant sent the relevant business entities, including the plaintiff, with the "Guidance on Industrial Accident Insurance following the extension of the application of 1991" and the "Industrial Accident Insurance Policy Notice Form" attached to the report on the insurance relation and insurance premium report form, etc., and reported the estimated premium to the Bank of Korea or the agencies of the National Treasury and paid it within 60 days after the beginning of the year or its business is completed, and in particular, if the business places subject to the revised Acts and subordinate statutes from July 29, 191 to the voluntary payment and the disadvantage if they did not pay the estimated premium within three months after the expiration of the fixed period of the estimated premium, the court below did not err in the misapprehension of legal principles as to the plaintiff's demand or payment notice as to the plaintiff, and did not collect part of the insurance premium.

3. Therefore, the appeal is dismissed, and all costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Cho Chang-tae (Presiding Justice)