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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 July 3, 2012, around 20:55, the Plaintiff suffered a traffic accident in the course of being driven by himself/herself in the direction of an solvents (hereinafter “instant traffic accident”) in the following restaurant B (hereinafter “Ccafeteria”) due to the relevant psychotropic damage, spathrosis, spathrosis, and spathrosis (hereinafter “instant injury”).
B. On February 17, 2014, the Plaintiff applied for medical care for occupational injury on the ground that the Plaintiff sustained the instant traffic accident while driving the instant vehicle to help the employees belonging to the said restaurant to leave or leave the restaurant while working for the said restaurant.
C. On March 20, 2014, the Defendant rendered a disposition not to grant medical care (hereinafter “instant disposition”) to the Plaintiff on the ground that “the Plaintiff has operated the instant restaurant jointly with his/her family members, and the Plaintiff does not constitute a worker under the Labor Standards Act.”
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 2-4 (if there are additional numbers, including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion is that the proprietor of the restaurant in this case is D, the Plaintiff’s son and female, and the Plaintiff is employed by D from May 2012 upon the request of D to help the restaurant business, and thus, the Plaintiff constitutes a worker under the Labor Standards Act, since he/she performed his/her duties, such as quality of food materials, fire-fighting, building maintenance, repair and maintenance of buildings, and driving of vehicles for commuting to and outing from the place of business.
B. The facts of recognition 1) On June 18, 2012, the Plaintiff’s external grandchildren D (the Plaintiff’s 1991 students registered the instant restaurant as “mutually: Ccafeteria restaurant, restaurant, category: Chinese store, etc.” but reported the closure of business on November 15, 2012, after the instant traffic accident occurred. The name of the restaurant operator of this case is “E”, the Plaintiff’s son’s external third party of son D on November 19, 2012.