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(영문) 부산지방법원 2013.12.18 2013구단20138
요양급여부지급처분취소
Text

1. On March 25, 2013, the Defendant revoked the disposition of non-approval for medical care granted to the Plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. Ireland Fisheries Co., Ltd. (hereinafter “Aland Fisheries”) entered into a sales consignment agreement with the Home Plers Co., Ltd. (hereinafter “ Home Plers”) on the store in the Home Plers shop, and operates the Aglers shop through the entrusted manager.

B. At around 22:00 on November 16, 2012, the Plaintiff, an entrusted operator of the Home Plerbler B (hereinafter “the instant comer”) suffered “the structural injury and temporary disability compensation benefit and temporary disability compensation benefit” due to an accident in which the left hand of the instant comer was cut in the world during the three-time season during which the Plaintiff was cleaning after completing work at the instant comer, and then the Plaintiff applied for medical care benefits and temporary disability compensation benefits to the Defendant on December 14, 2012 (hereinafter “instant accident”).

C. However, on March 25, 2013, the Defendant rendered a decision not to approve the Plaintiff’s application for medical care benefits and temporary disability compensation benefits (hereinafter “instant disposition”) on the ground that it is difficult to regard the Plaintiff as an employee of Ireland Fisheries for the purpose of wage.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, Eul evidence 2-1, 2-2, the purport of the whole pleadings

2. Determination on the legitimacy of the instant disposition

A. The Plaintiff’s assertion: (a) on July 25, 2012, the Plaintiff was an employee of the monthly salary system at the time of entry into Ireland Fisheries; and (b) on September 1, 2012 at the request of Ireland Fisheries, the Plaintiff had been employed as a piece rate system from September 1, 2012; (c) on the other hand, the form of work than the wage payment system was the same as the previous monthly salary system; (d) the Plaintiff had no record of business registration under his/her name while working until November 16, 2012, the date of the instant accident after entry; and (e) the Plaintiff prepared a daily report of commuting records and a daily inspection report to the head of the business team.

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