유족급여및장의비부지급처분취소
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 March 30, 2015, while the Plaintiff, his spouse, was performing the delivery business of Han-gu Special Transport Co., Ltd. (hereinafter “Sagu Special Transport Co., Ltd.”), the Plaintiff died after being subjected to drilling accidents on the 4-day roads near the entrance of Han-gu New Port at Changwon-si, Changwon-si, and thus, the deceased’s death constituted occupational accident and claimed for the bereaved family’s benefits and funeral expenses to the Defendant.
B. On July 22, 2015, the Defendant notified the Plaintiff of the decision not to pay survivors’ benefits and funeral expenses on the ground that the Deceased is not deemed an employee under the Labor Standards Act.
(hereinafter “Disposition in this case”). 【No dispute exists, entry of Gap evidence Nos. 2, 3, and 5, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion appears to be an independent individual entrepreneur who entered into a cargo transport contract with the non-party company in form, but its substance is the non-party company’s employee who provides labor in subordinate relationship for the purpose of wage.
Therefore, the defendant's disposition of this case on a different premise is unlawful.
B. Determination 1) Whether the Industrial Accident Compensation Insurance Act is a worker under the Labor Standards Act, which is subject to protection, should be determined depending on whether the form of a contract is an employment contract or a contract for employment, and whether an employee has provided labor in a subordinate relationship with an employer for the purpose of wages in substance. Whether a subordinate relationship exists as mentioned above shall be determined by the employer’s contents of work, and whether the employer has considerable direction and supervision in the course of performing work under the rules of employment or service (which is governed by the personnel regulations, etc., the employer designates working hours and working place, whether the employee is detained, and the employer is directly