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(영문) 서울행정법원 2017.11.17 2016구합3314
산재보험료등독촉징수처분취소
Text

1. The plaintiff's main claim is dismissed.

2. Defendant National Health Insurance Corporation limited to the Plaintiff on August 20, 2014.

Reasons

1. Details of the disposition;

A. The Plaintiff owns one store in Jung-gu Seoul Metropolitan Government B shopping mall (hereinafter “instant shopping mall”) and runs the business of selling fireworks at the said store, and is responsible for the president of the three-story shopping mall in the instant shopping mall.

B. C asserted that, while being employed by, and working for, the committee on emergency countermeasures against the instant commercial building, the Plaintiff’s representative (hereinafter “Plaintiff”) brought an application for medical care benefits to the Defendant Labor Welfare Corporation (hereinafter “Labor Welfare Corporation”) on July 13, 2013, he/she sustained an injury far from a bridge during the process of performing works, such as electric power rooms, etc.

On November 28, 2013, the Korea Workers' Compensation and Welfare Service rendered a non-approval disposition on C's application for medical care benefits, but upon acceptance of the request for review filed by C, C made a disposition to approve C's application for medical care benefits.

C. Accordingly, on March 1, 201, the Korea Workers’ Compensation and Welfare Service neglected to report the purchase of industrial accident insurance while engaging in the business of managing a building by employing C from March 1, 201, and deemed that his/her employees suffered industrial accidents during that period, thereby establishing an employment accident insurance relationship ex officio with the Plaintiff as the business owner on July 2, 2014.

The Defendant National Health Insurance Corporation (hereinafter referred to as the “Health Insurance Corporation”) shall impose on the Plaintiff, August 20, 201, the employment insurance premium of 458,990 won from 2011 to 2013, and the industrial accident insurance premium of 693,940 won (hereinafter referred to as “instant imposition decision”), and the Korea Workers’ Compensation and Welfare Service, paid to C on October 22, 2014, 4,576,980 won, which is 50% of temporary layoff benefits, medical care expenses of 50%, and additional needs on December 11, 2014.

The plaintiff decided to collect 4,616,680 won in total, 39,700 won in 50% of the two expenses from the plaintiff.

(hereinafter referred to as the "decision on collection of this case" and the "decision on the imposition of this case" in addition to the "decision on the imposition of this case" shall be deemed to be a "decision on the imposition

The Health Insurance Corporation shall be entitled to the payment of the above employment insurance premium, industrial accident insurance premium, and dues on several occasions.

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