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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Scco Construction Co., Ltd. (hereinafter “Scco Construction”) is the principal contractor of construction works for synthetic natural gas (SNG) plant investment (hereinafter “instant business establishment”). The Plaintiff is a subcontractor who has subcontracted part of the said construction works from Scco Construction, and the Defendant Intervenor is the daily worker belonging to the Plaintiff.
B. On March 30, 2015, the Defendant Intervenor filed a medical care benefit application with the Defendant, asserting that the Defendant was suffering from a disease in the “carbon addiction”, such as the sairter’s dysium and sairs, in the process of dismantling a fry for the opening of the upper part of the sairter at the instant workplace, by inhaleing the nitrogen, and by using the sairs and saves.
C. On June 11, 2015, the Defendant issued a disposition to approve medical care (hereinafter “instant disposition”) with respect to the Defendant’s Intervenor and the instant workplace on the ground that the primary contractor construction was the policyholder at the instant workplace pursuant to the main sentence of Article 9(1) of the Act on the Collection of Insurance Premiums, etc. for Employment Insurance and Industrial Accident Compensation Insurance.
【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 4, Eul's 1, the purport of the whole pleadings and arguments
2. Determination as to the legitimacy of the instant lawsuit
A. Due to the instant disposition against the Defendant Intervenor, who is an employee of the Plaintiff’s assertion, the Plaintiff was at a disadvantage against the Plaintiff’s future limitation on participation in bidding.
Therefore, the Plaintiff has a legal interest to seek revocation of the instant disposition in order to prevent infringement of the freedom of competition, which is a limitation of participation in bidding due to the instant disposition.
B. The defendant's assertion that a person who has legal interest by the disposition of this case is the insured, and the plaintiff, the subcontractor, has no legal interest in the disposition of this case, and therefore is not eligible for the plaintiff.
C. (1) Determination;