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(영문) 서울행정법원 2016.03.24 2015구단57041

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 instant disposition

A. On August 29, 2014, at around 02:00, the Plaintiff was diagnosed by the pressure frame No. 1, 201, flusium, flusium flusium flusium flusium flusium flusium flusium, right side flusium flusium flusium, and flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium,

B. On November 26, 2014, the Defendant rendered a disposition not to grant medical care (this case’s disposition) on the ground that it is difficult to regard the Plaintiff as an employee under the Labor Standards Act.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 9, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The plaintiff's assertion that the plaintiff did not enter into a subcontract with the crew of the corporation, which is a contractor, for the Corporation (the non-party company, hereinafter below) and the non-party company, was employed by the non-party company C to perform its duties under the direction and supervision of C. In order to pay wages higher than the market price, a tax invoice is issued at the construction site, and the amount that the plaintiff received from the non-party company was paid as wages and machinery rental fees of both the plaintiff and other persons, and the plaintiff did not receive any profit related to the construction. In light of the fact that the plaintiff was a worker who provided his labor in a subordinate relationship, the disposition of this case on a different premise is unlawful.

B. (1) Determination of whether an employee is a worker under the Labor Standards Act shall be made in accordance with whether the form of a contract is an employment contract or a contract for employment, and whether an employee in substance provides labor to an employer in a subordinate relationship for the purpose of wages in the business or workplace. Here, subordinate thereto.

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