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(영문) 서울행정법원 2015.01.15 2014구합13362
보험료부과처분취소
Text

1. Health insurance premiums of KRW 186,60, and medical care insurance premiums of KRW 12,220, and health insurance premiums of KRW 186,60 among the instant lawsuits.

Reasons

1. Details of the disposition;

A. The Plaintiff is a company that runs metal structure, window construction business, interior construction business, etc.

B. On March 2012, the Defendant, etc. issued the Health Insurance Practical Guidance at the Construction Site according to the application of the Construction Site Workers’ Work Site (hereinafter “instant Guidance”). The said Guidance include the following:

If a construction company submits a receipt for payment of social insurance premiums (pension and health) to the agency awarding the contract (in the case of a subcontractor's original contractor) for daily work employed by the construction company, the ex post facto settlement system shall be the case where the daily employed worker has worked for at least 20 days in the month or where there is no clear employment contract (including the case where the employment period is less than one month) with respect to the employment standard when the worker has worked for less than 20 days or has worked for less than 20 days (including the case where the employment period is less than one month from the first day to the last day) and in the same construction site, from the date of the first employment to the workplace subscriber - the date of application when the first employment is made when the number of working days during the first month from the date of qualification change and the date of acquisition of qualification to the date of first employment is at least 20 days before February 1 to the end of 20 days before the first employment day.

C. C, D, E, F, G, H, I, J, B, K, L, M, N,O, and P (hereinafter “instant workers”) are as follows: (a) the date of acquisition and the date of loss indicated in the remainder other than the No. 6 and 12 of the instant disposition sheet, which were executed by the Plaintiff for about 15 days to 20 days each month between the date of acquisition and the date of loss, respectively.

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