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(영문) 부산지방법원 2017.09.06 2016구단21262
요양급여부지급처분취소
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. On June 21, 2013, the Plaintiff, along with C, who operated B around 15:30 on June 21, 2013, visited the Enb in Busan (hereinafter “instant innb”) located in D, resulting in the injury of “the instant innbage” (hereinafter “the instant innbin”).

(hereinafter “instant accident”). (b)

On December 20, 2016, the Plaintiff: (a) visited the instant entrance to the Defendant at the time upon C’s request by the Plaintiff; and (b) applied for medical care on the ground that the Plaintiff was suffering from the instant injury and disease while getting out of the bridge to replace the water source.

C. On December 22, 2016, the Defendant: (a) on December 22, 2016, the Plaintiff cannot be deemed an employee under the Labor Standards Act under the subordinate relationship with C at the time; (b) the scope of industrial accident compensation insurance application is a business or workplace with at least one full-time employee; (c) the defect maintenance and repair work of the instant inn is a business or a workplace with at least one full-time employee; and (d) it is difficult to regard the instant inn's business as a business because C does not continuously engage in the work; and (c) the said defect maintenance and repair work falls under less than one full-time employee; and (d) the said

(hereinafter referred to as "disposition of this case"). / [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1, 3, and 4, and Eul evidence No. 1 (including numbers, if any, them; hereinafter the same shall apply) or the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. The plaintiff's assertion ① The plaintiff is a worker employed in C and under C's direction and supervision. ② The plaintiff's work to replace water tanks on the female rooftop of this case constitutes a business performed outside of the place of business under C's instruction and supervision, and C also engages in B and F in one store.

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