요양급여불승인처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On October 7, 2017, at the site of the Seoul Gangnam-gu Seoul Metropolitan Government Office Expansion Works (hereinafter “instant construction”), the Plaintiff was faced with an accident that collapses in the ceiling and fall (hereinafter “instant accident”) while performing the tenting work at the site of the Gangnam-gu Seoul Office Expansion Work (hereinafter “the instant construction”). The Plaintiff suffered from the storming to the right side of the said accident.
B. The Plaintiff filed an application with the Defendant for medical care benefits for the extension to the right side of the instant accident, but on November 8, 2017, on the ground that the Plaintiff was not a worker under the Labor Standards Act, the Defendant rendered a disposition of non-approval for medical care (hereinafter “instant disposition”).
[Judgment of the court below] Facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that part of the instant construction work was subcontracted to C in a daily work of KRW 200,000,000 per day and performed the instant construction work at the construction site. It constitutes workers under the Labor Standards Act.
Therefore, the instant disposition issued on a different premise should be revoked as it is unlawful.
B. Under the Industrial Accident Compensation Insurance Act, “worker” refers to an employee under the Labor Standards Act.
(Article 5 subparag. 2 of the Labor Standards Act). Determination as to whether a worker is a worker under the Labor Standards Act should be made depending on whether the substance of the labor provision relationship is a subordinate relationship to an employer, rather than whether a contract is an employment contract, a contract for work, or a delegation contract.
Here, whether or not an employer has a subordinate relationship is determined by the employer, who is subject to the rules of employment or service regulations, and in the course of performing his/her duties, whether or not the employer has considerable command and supervision, whether or not the employer designates working hours and working places and is subject to detention of the employer,