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(영문) 서울고등법원 2018.08.21 2017누89119
최초요양급여 불승인처분 취소
Text

1. Revocation of the first instance judgment.

2. The Defendant’s disposition of non-approval of additional medical care rendered to the Plaintiff on December 9, 2016 is revoked.

Reasons

1. The reasoning for the judgment in this part of the reasoning is the same as that of the judgment of the court of first instance, in addition to the following parts, the background of the disposition, the Plaintiff’s assertion, and the reasoning for the judgment. Therefore, this shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 4

The three pages of the judgment of the court of first instance are two "written" as "necessary."

6 pages 3 of the first instance judgment "197" shall be deemed to be "199."

Of the fourth part of the judgment of the court of first instance, the 10th part of the 4th part of the judgment of the court of first instance refers to the obligation.

From the fourth bottom of the judgment of the court of first instance, one set of “D” shall be called “C”.

The 5th of the first instance judgment deleted the "management of commuting," and the "person, etc." as "person, etc.".

The first instance judgment was 5 to 3-4, one of whom was “not,” and said judgment was pronounced “.”

5 pages 5 of the judgment of the court of first instance are as follows: “(D) The Plaintiff registered its business on July 4, 201 with the name of E.

2. Determination

A. Whether a worker is a worker under the Labor Standards Act ought to be determined in light of the substance of a contract rather than whether it is an employment contract or a contract for work, depending on whether the worker provided labor to the employer for the purpose of wages in the business or workplace.

Whether a dependent relationship as mentioned above exists shall be determined by the employer, subject to the rules of employment or the rules of service, etc. of the employer, and shall be subject to considerable direction and supervision in the course of performing the work, whether an employer designates working hours and working places and is bound by the employer, whether a labor provider is capable of operating his/her business on his/her own account, such as possessing equipment, raw materials, working tools, etc., or having a third party employ and act on his/her behalf, etc., whether he/she has a risk, such as creation of profit and loss by providing labor, and the nature of remuneration is subject

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