요양불승인처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. From September 2017, the Plaintiff performed the Metal Corporation (hereinafter “instant construction”) among the housing interior works (hereinafter “instant construction”) located in Mapo-gu Seoul Metropolitan Government Housing interior Corporation B (hereinafter “Nonindicted Company”) that was contracted by C from around September 2017.
B. On October 6, 2017, the Plaintiff was killed in the course of the instant construction site and then falling on the bridge with the outer wall of the building and applied for medical care benefits to the Defendant, subject to the diagnosis of “alley of the two sides frame and the pressure frame No. 3,” and applied for the medical care benefits.
C. However, on February 6, 2018, the Defendant rendered a disposition not to grant medical care (hereinafter “instant disposition”) to the Plaintiff on the ground that “the Plaintiff shall not be deemed an employee of the said company, who was awarded a subcontract for the instant construction work from the Nonparty Company.”
[Ground of recognition] Unsatisfy, Gap evidence Nos. 9 and 10, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion is that the plaintiff is a worker employed as a part of the non-party company for the purpose of actual wages, but the defendant's disposition of this case on different premise is unlawful.
B. In order to become a beneficiary of insurance benefits under the Industrial Accident Compensation Insurance Act, it shall be an employee under the provisions of the Labor Standards Act at the time of the accident, and in determining whether a person is a worker under the Labor Standards Act, regardless of whether a contract is an employment contract or a contract for work under the Civil Act, it shall be determined according to whether a labor provider provided labor in a subordinate relationship with an employer for the purpose of wages at the business or workplace. In determining whether a subordinate relationship as mentioned above exists, the contents of the work shall be determined by the employer, and the rules of employment or service regulations shall be applied to the process