logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2014.11.20 2013구단1051
요양불승인처분취소
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. At around 14:30 on April 14, 2006, the Plaintiff filed an application for medical care benefits with the Defendant on June 28, 2012, asserting that, on the ground that, around 14:30 on April 14, 2006, trees he/she was suffering from an accident that he/she fell into the Plaintiff’s top part of the reservoir repair work, and that he/she was diagnosed as having been subject to the Defendant’s medical care benefits on June 28, 2012.

B. On August 2, 2012, the Defendant rendered a comprehensive determination on the Plaintiff on the basis of the data submitted by the Plaintiff, the court ruling and related data, the statement from the related parties, etc., and the Plaintiff’s site where the accident occurred falls under a workplace which is not subject to the protection of the Industrial Accident Compensation Insurance Act, and the Plaintiff is deemed to have been in the position of an employer, not an employee who provided labor for the purpose of wages.

C. Along with the instant disposition, the Plaintiff filed a request for examination, but was dismissed again, and on April 26, 2013, the Industrial Accident Compensation Insurance Reexamination Committee dismissed the request.

With respect to the instant accident, the Plaintiff filed a lawsuit claiming damages against Ghana Construction Co., Ltd. (U.S., Taeyang Construction Co., Ltd. before the change), D and C (U.S. District Court 2009Gahap4185) against Ghana Construction Co., Ltd., and employed the Plaintiff and C while performing the instant construction works upon receiving the repair works of a reservoir from the Plaintiff on January 27, 2011.

There is no proof that C actually controlled and supervised C, and there is no evidence that C performed the logging work upon the Plaintiff’s request, and there is no content that C was subcontracted for the repair work of a reservoir in order to be owned by the Plaintiff.

arrow