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(영문) 서울행정법원 2019.01.09 2018구단1537
요양급여 불승인 처분 취소
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 March 2, 2016, the Plaintiff, who was employed by the limited company B (hereinafter “instant place of business”) and worked as a towing driver, was driven by a towing vehicle (hereinafter “instant vehicle”) to tow an accident in the vicinity of the D station located in the D station in the emulculation City, in order to avoid a dump truck entering the two-lane, while driving the vehicle at the same time, the Plaintiff was faced with an accident where the instant vehicle was moved to the D station (hereinafter “instant accident”). As a result, the Plaintiff first filed an application for medical care benefits against the Defendant on January 1, 2017, for the instant disease (hereinafter “instant disease”).

B. On December 8, 2017, the Defendant rendered a decision not to approve the Plaintiff’s first application for medical care benefits (hereinafter “instant disposition”) on the ground that “The Plaintiff and the instant workplace concluded an entrustment contract under which the management and operation of trucking transport business was entrusted to the Plaintiff, and the Plaintiff acquired business revenues from the Plaintiff towing vehicle to the maintenance industry company, etc. through the said entrustment contract company, it is difficult to deem that the Plaintiff provided labor at the instant workplace for the purpose of wage as a worker. Moreover, the instant workplace constitutes a workplace where the number of full-time workers falls under the category of the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”).” on the ground that “The Plaintiff’s first application for medical care benefits is non-approved (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 3, 9, Eul evidence 5 and 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s summary of the Plaintiff’s assertion is the business owner of the instant plant.

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