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(영문) 부산고등법원 2014.09.03 2014누20100

요양급여부지급처분취소

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. Ireland Fisheries Co., Ltd. (hereinafter “Ausland Fisheries”) entered into a sales consignment agreement with the Home Plers Co., Ltd. (hereinafter “The Home Plers”) on the store within the Home Plers shop, and operates the disposable Plers through the entrusted manager.

B. At around 22:00 on November 16, 2012, the Plaintiff, an entrusted operator of the Homepller B (hereinafter referred to as the “instant comer”) suffered from the “an accident that cut off the upper left part of the instant copon during the instant coponing season (hereinafter referred to as the “instant accident”) and filed an application for medical care benefits and temporary layoff benefits with the Defendant on December 14, 2012, for the medical care benefits and temporary layoff benefits by taking off the “the upper part of the upper part of the primary balance, the upper part of the raw part of the instant copon, the voltage, and the 2nd part of the said part of the said accident.”

C. However, on March 25, 2013, the Defendant rendered a decision not to approve the Plaintiff’s application for medical care benefits and temporary disability compensation benefits (hereinafter “instant disposition”) on the ground that it is difficult for the Plaintiff to regard the Plaintiff as an employee of Ireland Fisheries for the purpose of wage.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, Eul Nos. 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is as follows: (a) the Plaintiff was employed as a monthly salary-level employee at the time of entry into Ireland Fisheries on July 25, 2012; (b) from September 1, 2012 to September 1, 2012, it was inevitable due to the Plaintiff’s demand by Ireland Fisheries; (c) the type of work, other than the wage payment method, was the same as the existing monthly wage system; (d) the Plaintiff was working until November 16, 2012, the date of the instant accident after entry; (e) the Plaintiff was working in the name of the Plaintiff; and (e) the Plaintiff was reported to the head of the business team of Ireland, the records of commuting and the daily inspection date under the direction of Ireland Fisheries; and (e) the Incheon Fisheriesland was working in the business team of Ireland.