1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. On October 21, 2012, the Plaintiff received KRW 32,000 per square meter from October 21, 2012, and performed the work of attaching a building to a new building B at Asan City.

B. On October 29, 2012, at around 14:00, the Plaintiff received the diagnosis of “h4-5 (L4-5), the escape certificate of protruding up of protruding signboards, the right side (hereinafter “the instant accident”), and the base medical care benefit for the Defendant on January 27, 2015, while working in the instant construction site after going to the mast and falling off (hereinafter “the instant accident”).

C. On April 9, 2015, the Defendant rendered the first non-approval of medical care benefits (hereinafter “instant disposition”) to the Plaintiff on the ground that (i) the Plaintiff, a construction business operator, entered into a labor cost contract for KRW 32,00, and (ii) the Plaintiff cannot be deemed an employee under the Labor Standards Act by serving as the principal agent for profit and loss by employing six workers as a daily worker; and (iii) the intention to escape from a protruding signboard under the MRI was not verified; and (iv) the instant injury was not found to have proximate causal relation with the instant accident due to the change of departure.

[Ground of recognition] Facts without dispute, Gap evidence 1, 18, and 24, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion constitutes a worker to whom industrial accident compensation insurance applies, since the plaintiff provided labor as to the attachment of a third party, in substance under the subordinate relationship of the building company C's use, and the plaintiff's main and main signboard escape certificate was caused by the disaster of this case, or is not so.

Even if it is reasonable to see that the escape from a protruding signboard has occurred due to the accident of this case in a protruding path, the defendant's disposition of this case in this case should be revoked as unlawful.

B. A disease caused by an occupational accident under the Industrial Accident Compensation Insurance Act is caused by the worker’s performance of his/her duties.