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(영문) 부산고등법원 2020.06.17 2020누20828
사업종류 변경 처분 등 취소 청구의 소
Text

1. The defendant's appeal is dismissed.

2. The plaintiff and the defendant among the total costs of the lawsuit after the filing of the appeal.

Reasons

1. Details of the disposition;

A. On January 13, 1992, the Plaintiff reported the establishment of the industrial accident insurance relationship to the Defendant on the type of business as “do retail and consumer product repair business,” and paid the industrial accident insurance premium accordingly.

B. On January 15, 2018, the Defendant: (a) determined that the business type of the instant place of business was changed to that of “a business operating in the wholesale retail and consumer goods repair business” (industrial premium rate of 9/1,000) of various metals; and (b) notified the Plaintiff thereof as of January 1, 2014 (industrial premium rate of 19/1,000)

(hereinafter referred to as “instant modification on the type of business”). C.

As a follow-up measure following the determination on change in the type of the instant business, the National Health Insurance Corporation notified the Plaintiff of KRW 93,675,300 as the industrial accident insurance premium for the period from January 1, 2014 to December 31, 2016, and KRW 59,912,370 as the industrial accident insurance premium for the said period on February 21, 2018, respectively.

(hereinafter referred to as “the imposition of the instant additional premium” in total) D.

The Plaintiff filed the instant lawsuit against the Defendant seeking revocation of the instant change in the type of business, and against the National Health Insurance Corporation, seeking revocation of the imposition of the instant additional premium.

【Ground of recognition】 The fact that there has been no dispute, Gap 1, 3, 4, Eul 1, 2, and 4, the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The defendant asserts that the decision to change the type of business of this case is merely a prior disposition to impose the additional insurance premium of this case, and thus does not constitute an administrative disposition which is subject to appeal litigation.

B. The term "disposition", which is the object of an appeal litigation, is to exercise or refuse the public power as an enforcement of law with respect to specific facts by an administrative agency.

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