In case where a person who has reported as an insured person of industrial accident compensation insurance dies while serving as an employee of the enterprise concerned, not the business owner actually, whether he/she may receive insurance benefits on the premise that he/she is a worker by internal relations with the enterprise (negative)

At the time of the death, the worker in question, as an employee of the founder of the above worker, who is in the same relationship with the worker in question, provided labor for the purpose of wages. However, in particular, in relation to the Korea Labor Welfare Corporation, it is clear that the business owner of the above worker is the insured of the industrial accident compensation insurance. Thus, in order to carry out the work of cutting down the raw materials to arrive at a night 50 meters away from the business place of the above worker, the worker in question is driving a vehicle owned by the company and driving a slope way, and the vehicle in which the driver in charge is facing the retaining wall on the right side of the road, and the vehicle in question died due to the heart, the high-frequency and the high-frequency and the inter-frequency wave of the above business, it is not possible to claim the insurance benefits on the premise that the worker is the worker in question.

Article 4 subparagraph 2 of the Industrial Accident Compensation Insurance Act and Article 6 (1) of the Industrial Accident Compensation Insurance Act

Man Jin-Jun (Attorney Tae-soo et al., Counsel for defendant-appellant)

Korea Labor Welfare Corporation

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

As of June 18, 1996, the defendant's revocation of the disposition of bereaved family's benefits and funeral expenses against the plaintiff as of June 18, 1996.

1. Details of the disposition;

On April 20, 1996, when Non-party Kim Jae-si, the husband of the plaintiff, worked for the same-sex industry company located in each academic year 373-4 of the Industrial Accident Compensation Insurance Act (hereinafter referred to as the "non-party company"), he was driving his vehicle owned by the non-party company in order to set up a slope and used it to set up at a night 50 meters away from the business place of the non-party company in order to set up the materials that arrive at the non-party company's place of business on April 18, 1996, and died from the heart, the high-speed and the inter-frequency of the two sides, which are facing with the retaining wall on the right side of the road, and the death of the plaintiff constitutes an occupational accident under the Industrial Accident Compensation Insurance Act. However, the defendant requested payment of survivors' benefits and funeral expenses under the Industrial Accident Compensation Insurance Act to the defendant on the ground that the non-party company's representative did not dispute between the parties to the contract.

2. Whether the disposition is lawful;

A. Article 1 of the Industrial Accident Compensation Insurance Act stipulates that the insurance is designed to promptly and fairly compensate for an occupational accident of a worker, and subparagraph 2 of Article 4 provides that "worker" as used in the same Act refers to a worker under the Labor Standards Act, and Article 14 of the Labor Standards Act provides that "worker" refers to a person who provides his/her work for the purpose of wages at a business or workplace, regardless of type of occupation. Meanwhile, Article 6 (1) of the Industrial Accident Compensation Insurance Act provides that an employer shall become a policyholder of the industrial accident compensation insurance, and Articles 23 and 25 provide that the insured shall report and pay the estimated premiums for each insurance year and report on the final premium.

B. We examine whether the above Kim Jae-young is an employer or employee in the instant case.

The above evidence No. 3-2, No. 5, No. 7, No. 12, No. 10, No. 11-1, No. 13, No. 16, No. 17, No. 18, No. 18, No. 20, No. 21, No. 23, No. 24-1 through No. 11, No. 28, No. 927, No. 9, No. 99, No. 9, No. 9, No. 9, No. 1, No. 5, No. 1, No. 5, No. 5, No. 9, No. 9, No. 9, No. 9, No. 9, No. 9, No. 1, and No. 9, No. 9, No.

According to the above facts, Kim Jae-hwan, within the non-party company at the time of death, was merely a worker who provided labor for the purpose of wages as an employee of Kim Jae-sik. However, externally, as the representative of the non-party company, in particular, in relation to the defendant, it is clear that the non-party company is the insured of the industrial accident compensation insurance. Therefore, even in this case, the insurance benefits cannot be claimed on the premise that it is a worker by internal relations with the non-party company

3. Conclusion

Therefore, the defendant's disposition of paying the bereaved family's benefits and funeral expenses is legitimate. Thus, the plaintiff's claim of this case seeking revocation is dismissed as it is without merit, and the costs of lawsuit are assessed against the losing plaintiff. It is so decided as per Disposition.

December 11, 1997

Judges Lee Jong-soo (Presiding Judge)