[Order]
The part of the judgment below concerning Defendant Korea Workers' Compensation and Welfare Service is reversed, and this part of the case is remanded to the Busan High Court.
[Reasoning]
The grounds of appeal are examined.
1. A. A "disposition" that is subject to an appeal litigation (항고소송) means "the exercise or refusal of public authority as an enforcement of law with respect to specific facts performed by an administrative agency, and other administrative actions equivalent thereto" (Article 2, Paragraph 1, Item 1 of the Administrative Litigation Act (행정소송법)). Whether an act of an administrative agency may become the subject of an appeal litigation cannot be determined abstractly and generally; rather, it must be determined individually in each specific case by considering the content and purpose of the relevant statutes, the subject, content, form, and procedure of the act, the substantial connection between the act and the disadvantage suffered by the other party or other interested persons, the principle of administration by law, and the attitude of the administrative agency or interested persons related to the act (see Supreme Court en banc Decision 2008Du167, decided November 18, 2010). Furthermore, where it is unclear whether an act of an administrative agency constitutes a "disposition," this must be determined normatively, giving important consideration to the recognizability and predictability of the other party, who has a significant interest in selecting a method of challenging it (see Supreme Court Decision 2016Du33537, decided October 25, 2018).
B. In light of these legal principles, examining the content and structure of the relevant provisions—including Article 11, Paragraph 1, Article 12, Paragraph 1, Article 13, Paragraph 5, Article 14, Paragraph 3, Article 16-2, Article 16-6, Paragraph 1, Article 16-9, Paragraphs 2 and 3, and Article 19-2 of the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance (고용보험 및 산업재해보상보험의 보험료징수 등에 관한 법률), Article 9, Item 3 of the Enforcement Decree of the same Act, Article 12 of the Enforcement Rule of the same Act, and the Regulation on Application and Imposition Affairs Handling (적용 및 부과업무 처리 규정) enacted by the Korea Workers' Compensation and Welfare Service for the purpose of prescribing matters delegated under the above statutes and matters necessary for their implementation—it must be held that a "decision to change the type of business of an individual place of business" made by the Korea Workers' Compensation and Welfare Service against a business owner constitutes a "disposition," which is the exercise of public authority as an enforcement of law with respect to specific facts performed by an administrative agency (see Supreme Court Decision 2019Du61137, decided April 9, 2020).
2. Nevertheless, the court below determined that the act of Defendant Korea Workers' Compensation and Welfare Service, whereby on January 29, 2018, it decided and notified the Plaintiff of a change in the type of business of the place of business subject to industrial accident insurance coverage from "wholesale and retail trade and repair of consumer goods" (business type code: 91001) to "business of welding or cutting various metals" (business type code: 21814), did not constitute a disposition subject to appeal litigation. This determination by the court below contains an error that misapprehends the legal principles concerning dispositions subject to appeal litigation, thereby affecting the judgment.
3. Therefore, the part of the judgment below concerning Defendant Korea Workers' Compensation and Welfare Service is reversed, and this part of the case is remanded to the court below for further hearing and determination. This judgment is rendered as set forth in the Order by the unanimous opinion of the participating Justices.
Presiding Justice: Presiding Justice 1
Justice in charge: Justice in charge 1
Justice: Justice 1
Justice: Justice 2