beta
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The reasons for the court's explanation concerning this case are as follows: (a) in the second 8th part of the judgment of the court of first instance, adding " tree removal work" (hereinafter "the work of this case") to "the removal work"; (b) in the second 11th part of the judgment of the court of first instance, "the witness" in the fifth 10th part as "the witness of the court of first instance"; and (c) in the fifth 10th part as "the witness of the court of first instance"; and (d) in the matters alleged by the plaintiff as stated in the second 2th part of the judgment of the court of first instance, the decision is cited as it is in accordance with
(2) The court of first instance is justified in finding facts and making a judgment, and there is no error as alleged in the grounds of appeal by the plaintiff, even if the plaintiff added the images of the evidence No. 8-1 and No. 2 submitted by the court of first instance to this court.
A. The summary of the Plaintiff’s assertion 1) The Defendant, as the Plaintiff’s business owner, violated the Plaintiff’s duty to take safety measures under the Rules on the Occupational Safety and Health and Industrial Safety Act and the Industrial Safety Standards, is liable to compensate for damages suffered by the Plaintiff. 2) The Defendant actually occupied the ground of this case by using the instant work site as a restaurant’s parking lot operated by the Defendant at the time of the instant accident as the instant accident, and thus, the Defendant is liable for compensating the Plaintiff for the damages
B. Determination 1) Determination on the Plaintiff’s assertion on the part of Article 2 subparag. 3 of the Occupational Safety and Health Act provides that “a business owner refers to a person who operates a business by using an employee” and Article 2 subparag. 2 of the same Act refers to an employee under Article 2(1)1 of the Labor Standards Act.”
Whether a contract constitutes a worker under the Labor Standards Act is a contract for employment, a contract for employment, or a delegation contract, and is more related to the provision of labor.