손해배상(산)
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. On April 21, 2015, at around 9:50, F of the basic facts F (hereinafter “the network”) was engaged in the work of cutting the sn beam on the cargo vehicle by using the sn beamline at the Defendant’s second factory located in Seo-gu Daejeon-gu Daejeon (hereinafter “the instant accident site”) using the snife net seat (hereinafter “instant work”). On April 21, 2015, the h beam was removed and died, and the h beam was sealed to the h beam beamline.
(hereinafter referred to as the "accident of this case"). 【No dispute exists, entry in Gap evidence Nos. 3, 4, 22 through 26 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings.
2. The plaintiffs' assertion
A. The Defendant claiming labor relations is an employer who employs and actually directed and supervised the deceased in the form of in-house subcontract by ordering the deceased to establish an in-house subcontract company called “H” in the name of the deceased (hereinafter “subcontract company”), and is negligent in preventing the occurrence of the instant accident, and thus, the Defendant is liable to compensate the Plaintiffs, who are their bereaved family members, for damages.
B. Even if the worker status of the deceased as to labor contract relations is denied, the deceased and the defendant can be viewed as labor contract relations, and the deceased shall work in this case under the direction of the field supervisor who belongs to the defendant.
Since an accident occurred, the defendant is liable to compensate for the damages suffered by the plaintiffs, who neglected the duty of protection or safety consideration as a labor contractor.
3. Determination
A. Determination as to the assertion of labor relations (1) Determination as to whether a contract constitutes an employee under the Labor Standards Act shall be made based on whether an employee provided labor in a subordinate relationship with an employer for the purpose of wages in a business or workplace in substance rather than whether the contract is an employment contract or a contract for employment. Determination as to whether a subordinate relationship as mentioned above exists is determined by the rules of employment or