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(영문) 서울행정법원 2017.12.20 2017구단50044

요양불승인처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. At around 15:10 on August 13, 2015, the Plaintiff, at the site of the construction of a welfare center in Suwon-si, Suwon-si (hereinafter “instant construction”), was subject to an accident falling on the floor of a bridge (hereinafter “instant accident”), while working in the wall between the third and the second floors, and then falling on the floor on the wall (hereinafter “instant accident”). The Plaintiff was subject to the accident of falling on the floor on the wall between the third and the second floors, and there are two known informations without two open addresses, such two or less damages within the two in which there are no two inwards, and other damages without two inwards, including the two inwards and inners, the pelle of the two in whose details are unknown, and the pelle part of the pelle part, the pelle part of the two in which the two are destroyed, the pelle part of the pelle part’s body’s pelle and the pelle part’s pelle part’s unknown body’s pelle, the body frame and the part’s pel part’s unknown.

B. On December 2, 2015, the Defendant rendered a decision not to grant medical care (hereinafter “instant disposition”) against the Plaintiff on the ground that “the Plaintiff is unable to be deemed an employee under the Labor Standards Act, who is in a subordinate relationship with the employer, on the ground that “it is confirmed that the Plaintiff registered as a construction business, operates the current business, and paid the wages of workers at the construction site of this case in cash to the Plaintiff’s account, but the Plaintiff’s wage was paid in cash to the owner. However, the Defendant did not submit objective reasons or materials proving the delegation of the authority to execute the instant construction project to the Plaintiff.”

C. The plaintiff is dissatisfied with this and the Industrial Accident Compensation Insurance Reexamination Committee.

참조조문