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

A. On September 17, 2016, while the Plaintiff was working as a nursing worker in the Seo-gu Seoul convalescent Hospital located in Seo-gu Incheon, the Plaintiff was diagnosed as “damage to the upper half of the upper half of the upper half of the upper half of the body, the right slick, and the right slick,” and applied for medical care benefits to the Defendant on September 20, 2016.

B. On November 11, 2016, the Defendant rendered a decision not to grant medical care (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff does not constitute a worker under the Labor Standards Act.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Although it is reasonable to deem that the Plaintiff’s assertion is a C convalescent or a nursing business association to which the Plaintiff belongs, the instant disposition made on a different premise is unlawful.

B. Determination 1) Under the Industrial Accident Compensation Insurance Act, the term “worker” means an employee under the Labor Standards Act (see Article 5 subparag. 2 of the Labor Standards Act) (see, e.g., Supreme Court Decision 2000Du1000, Jan. 1, 2005).

Here, whether an employer has a subordinate relationship is determined by the contents of work, who is subject to the rules of employment or service regulations, and in the course of performing duties, whether an employer is subject to considerable command and supervision by an employer, whether an employer is bound by the working hours and working places, whether an employee is capable of operating his/her business on his/her own account, such as possessing equipment, raw materials, working tools, etc., or having a third party employ and act on behalf of him/her, and profits