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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. The Plaintiff is a dump truck driver of construction machinery B (hereinafter, Nonparty 2) affiliated with the Plaintiff, a construction machinery lessee, who operated Cump truck and laid down soil at D construction site. On July 14, 2014, the Plaintiff was diagnosed as “the instant injury disease” due to symptoms, such as fingers and sprinks during the field of the Aump work, which had a power to do so, and was diagnosed as “the instant injury and disease” (hereinafter, the instant injury and disease).
B. On July 24, 2015, the Plaintiff asserted that the instant injury and disease occurred due to occupational and stress, and the Defendant applied for the first medical care benefits to the Defendant. However, the Defendant rendered non-approval (the instant disposition in the following following) on the ground that it is difficult to view that the Plaintiff provided labor in a subordinate relationship with the Plaintiff under the direction and supervision of the business owner with respect to brain color on the ground that it was a disease that had been held prior to the instant accident with respect to the heart-dong among the injury and disease in the application for medical care.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1, purport of whole pleadings
2. Determination on the legitimacy of the disposition
A. On February 2013, 2013, the Plaintiff asserted that he was employed by F, the business owner of the non-party company, and operated a C dump truck at the D construction site to spread soil. After completing work, the Plaintiff prepared the same mid-term bulletin managed by PacC Co., Ltd. on a daily basis and confirmed the details of work. Since he received a certain amount of remuneration in return for work, it should be deemed as a worker under the Labor Standards Act, the instant disposition made on a different premise is unlawful.
B. (1) The fact of recognition (A) the construction machinery rental contract between the non-party company and Jeong-hee Co., Ltd. (A) the non-party F is under C dump truck from the B Co., Ltd. on February 1, 2013.