손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. On January 14, 201, at around 14:00, the Plaintiff suffered bodily injury, such as the right narrow side and the negopathy, while repairing the rear part of 7.93 tons of a second half of a height of 7.93 tons from the “D trillion station” (hereinafter “the shipbuilding yard of this case”) operated by the Defendant at the time of leisure (hereinafter “the shipbuilding yard of this case”) (hereinafter “the instant work”), while the Plaintiff was engaged in repairing the rear part of a second half of a size of 7.93 tons, the Plaintiff was able to have the right face on the date of the network.
(hereinafter referred to as the "accident of this case"). 【No dispute exists, the entry of Gap evidence 1, 2, 3, 11, and 13, the witness E and F of the first instance trial, the testimony of the witness E and the witness A of the trial of this case, and the purport of the whole pleadings.
2. The plaintiff's assertion
A. The Plaintiff asserted that labor relations had been paid a daily allowance and had an employee employed by the Defendant work in this case. The Defendant neglected his duty to prevent the occurrence of the accident, such as providing strawer or providing a protective gear to the Plaintiff, who is an employee, even though he had the duty to prevent the occurrence of the accident. As such, the instant accident occurred, the Plaintiff is liable for compensating the damages suffered by the Plaintiff as an employer.
B. The Plaintiff and the Defendant entered into a labor contract form with respect to the instant work, and the Plaintiff, as the husband of the Defendant, who is the actual manager of the instant shipbuilding yard, died during the instant lawsuit.
In addition, since the accident of this case occurred while performing work under the management and supervision of E, the factory manager of the shipbuilding yard of this case, the defendant is liable to compensate for the damages suffered by the plaintiff, who neglected the duty of protection or safety consideration as a labor contractor.
3. Determination as to the chief of employment relationship
A. Whether a worker is a worker under the Labor Standards Act is an employment contract or a contract for employment, and in substance, whether a worker provided an employer with work in a subordinate relationship for the purpose of wages in the business or workplace.