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(영문) 울산지방법원 2017.01.12 2016구합708
산재및고용보험료부과처분취소
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’s company running the construction business, the construction company’s main contractor between the Defendant and the Defendant (hereinafter “industrial accident compensation insurance”), from July 1, 200 (hereinafter “industrial accident compensation insurance”), from September 1, 1998 (Employment Insurance), and the field manager from January 1, 2003 (Industrial Accident Insurance) and January 1, 200 (Employment Insurance).

B. On January 6, 2014, the Plaintiff entered into a contract for the construction of a factory (hereinafter “instant construction contract”) with the Iljin PS Co., Ltd. with the amount of construction KRW 4,200,000,000. On June 23, 2014, the Plaintiff increased the construction amount to KRW 4,590,000 on the ground of additional construction works.

C. Pursuant to Article 19 of the Act on the Collection of Insurance Premiums, etc. for Employment Insurance and Industrial Accident Compensation Insurance (hereinafter “Insurance Premium Collection Act”), the Defendant selected the Plaintiff as a place of business subject to the second phase settlement in the second phase in the second half of 2015, and implemented the Plaintiff’s final settlement of insurance premiums from 2013 to 2014 by receiving financial statements, the president of the account, etc. from the Plaintiff.

The amount calculated by the Defendant based on the amount, etc. calculated by multiplying the cost of outsourcing construction based on the foregoing data by the labor ratio of subcontracted construction works (32%) shall be as follows: the total remuneration for each workplace (main and field), each workplace (main and field), and subsequent additional collection of premiums, additional charges, and arrears.

After the investigation into the relevant year, total remuneration for 188,35,30,35,201,208,201,205,207,204,207,204, 1867,204,205,2067,307,467,4067,67,704, 709,704, 6797, 704, 707, 8057,205,207, 1967, 207, 967, 1967, 204, 705, 207, 2005, 2005, 207, 205, 2005, 80, 2013, 2013, 1609, 137, 168, 1964, 2057, 1975

E. The Defendant, on April 20, 2016, calculated as above to the Plaintiff on April 20, 2016.

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