2. The costs of lawsuit shall be borne by the Plaintiff.

On October 13, 2015, the Plaintiff suffered injury to the “freshing of the fresh of the fresh of the fresh of the fresh of the fresh of the fresh of the c (hereinafter “instant construction”) at the site of the C Repair and Maintenance Work ordered by Co., Ltd. B (hereinafter “instant construction”) (hereinafter “instant construction”).

On December 8, 2015, the Plaintiff asserted that he/she was employed in the instant workplace and provided labor, and applied for medical care benefits to the Defendant on December 8, 2015.

On February 4, 2016, it is difficult for the Defendant to recognize the Plaintiff as an employee under the Labor Standards Act. On the ground that the instant construction constitutes an exemption from insurance application under Article 6 of the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”), the Defendant made a disposition not to approve the Plaintiff’s application (hereinafter “instant disposition”).

【Ground of recognition” without any dispute, Gap evidence 1, 2, Eul evidence 1, Eul evidence 2-1, and Eul evidence 2-1 and 2-2, and the purport of the whole oral argument of this case is legitimate. The plaintiff's assertion of legitimacy of the disposition of this case is a worker employed by the business owner, not an individual business operator, but an employer's work order for the purpose of wages.

In addition, since the cost of the construction project of this case exceeds 20 million won, it does not constitute an exception to the insurance application under the Industrial Accident Insurance Act.

Nevertheless, the defendant's disposition of this case, which rejected the plaintiff's application by deeming the construction work of this case as an exception to the application of insurance, as a worker, is unlawful.

Facts of recognition

If the Plaintiff enters a request for construction of a defect repair, etc. of a building from the business owner when carrying construction equipment into his/her own vehicle with the trade name of “D,” the Plaintiff shall first consult on the construction cost by submitting a written estimate to the business owner and make a contract accordingly, and receive remuneration therefor.