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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 April 7, 2011, at around 18:55, the Plaintiff, as a doctor, filed an application for medical care benefits under the Industrial Accident Compensation Insurance Act with the Defendant under the diagnosis of cerebrovascular, cerebrovascular, cerebrovascular, hyposis, hyposis, hyposis, and hyposis loss (hereinafter “the instant injury and disease”).
B. In light of the fact that the Defendant was a position where the Plaintiff did not have sufficient evidence and could adjust the workload, the Defendant issued a disposition not to approve the said application (hereinafter the instant disposition) on the ground that the causal link between the business branch of this case is not recognized.
C. The Plaintiff filed a petition for review against the instant disposition, but was dismissed on August 29, 2013.
[Ground of recognition] Facts without dispute, Gap 3 through 6, purport of whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff asserted that the Plaintiff worked at C Council members and D Family Council members, and due to stress arising from cosmetic surgery, such as excessive workload and radar learning, IPL, hair removal, etc., arising from stress arising from cosmetic surgery.
Therefore, the instant disposition that did not recognize causation between the business branch of the instant case is unlawful.
B. On March 23, 2009, the Plaintiff provided medical treatment at C Council members from March 23, 2009, while C Council members are registered as a business operator under the name of the Plaintiff, but the actual operator was another doctor D, and the Plaintiff was employed on a monthly basis.
The main contents of the terms of the contract concluded on March 24, 2011 are as follows:
The actual founder of C Council members is D and the plaintiff is the employee of D.
D shall be paid 7.2 million won per month to the Plaintiff, but if the sales exceed 50 million won, 20% of the excess portion shall be paid as incentives.
The plaintiff shall start from 10:00 p.m. to 7:00 p.m. on Saturdays, and from 10:0 p.m. to 9:0 p.m. on Saturdays, and from T.m.