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

가. 원고는 ‘2016. 11. 20. 12:30경 부산 금정구 B에 있는 ‘C’ 식당의 리모델링 공사(이하 ‘이 사건 공사’라 한다) 현장에서 나무를 절단하던 중 그라인더가 튕기면서 손목을 다쳐 ‘우측 전완부 다발성 심부열상’ 등의 부상을 입었음‘을 이유로 피고를 상대로 요양급여를 신청하였다.

B. On February 8, 2017, the Defendant rejected the Plaintiff’s application for medical care benefits on the ground that “this case’s construction work constitutes a project with a total construction cost of less than 20,000 won executed by a person other than a constructor, which is excluded from the Industrial Accident Compensation Insurance

hereinafter referred to as "disposition of this case"

(i) [Facts without dispute over the grounds for recognition, entry of Gap evidence No. 1, and purport of the whole pleadings.]

2. Whether the disposition is lawful;

A. The Defendant asserted that the instant disposition was made on the ground that the original contractor of the instant construction is “E” rather than “D”. However, the original contractor of the instant construction is “D” and “E” is its subcontractor, and the “D” with the authority to direct and supervise the Plaintiff purchased industrial accident compensation insurance, and thus, the instant disposition was unlawful.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. 1) Article 6 of the Industrial Accident Compensation Insurance Act and Article 2(1)3 of the Enforcement Decree of the same Act provide that construction works executed by a person who is not a constructor, etc. under the Framework Act on the Construction Industry, whose total construction amount under the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance is less than 20,000 won, shall be one of the projects exempt from the Industrial Accident Compensation Insurance Act. 2) In full view of the respective entries in subparagraphs 1 through 5, and the purport of the entire arguments in the testimony of a witness F and E, the D representative G is not both a constructor under the Framework Act on the Construction Industry, but a constructor under the Framework Act on the Construction Industry. As to the total construction amount of the instant construction works, F and the client H are KRW 16 million, and G are KRW 1