유족급여및장의비부지급처분취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning for this case by the court of first instance is as stated in the reasoning of the judgment of the court of first instance except for the following "2. height portion". Thus, this case is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
2. Parts in height:
A. Article 125 of the Industrial Accident Compensation Insurance Act provides that “The relevant legal doctrine” shall apply to workers eligible to receive insurance benefits under this Act as follows: (i) The Industrial Accident Compensation Insurance Act refers to “worker under the Labor Standards Act,” except for the special cases, etc. concerning persons in special types of employment as prescribed by Article 125, with respect to workers eligible to receive insurance benefits under this Act.
(Article 5(2) main text of the Labor Standards Act). Therefore, an employee who is a person eligible for insurance benefits is determined in principle by whether he/she constitutes “worker under the Labor Standards Act.
Whether a worker is a worker under the Labor Standards Act should be determined in accordance with whether the form of a contract is an employment contract or a contract for employment, and whether the substance is whether the worker has provided the worker with labor for wages in a subordinate relationship to the employer
Here, whether a dependent relationship exists shall be determined by the employer, and the rules of employment or service regulations shall apply to the employer, whether the employer directs and supervises the work hours and place, whether the employer is bound by the employer, whether the employer can operate his/her business on his/her own account, such as holding the equipment, raw materials or the work tools or having a third party employ and act on behalf of him/her, whether the labor provider is capable of operating his/her business on his/her own account, whether the nature of remuneration is the subject of the labor itself, whether the nature of the remuneration is determined, whether the basic salary or fixed wage has been determined, whether the labor income tax has been withheld, and whether the labor relationship has been continued and is against the employer.