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(영문) 광주고등법원(제주) 2017.08.09 2016누1235
요양불승인처분취소
Text

1. Revocation of a judgment of the first instance;

2. On June 29, 2015, the Defendant’s disposition of non-approval for oriental medical care is revoked.

Reasons

1. The reasons why the court should explain this part of the disposition are as follows: (a) an addition to the “KONNEX and C” (hereinafter collectively referred to as “KONNON”) following the “KONONONA” in Part 2, Part 4, or 5 of the judgment of the court of first instance; and (b) an addition to the “Work of Installation of Washington” in Part 6 of the judgment of the court of first instance (hereinafter referred to as “instant work”); and (c) an addition to the “Work of Installation of Washington” in Part 6 of the judgment of the court of first instance (hereinafter referred to as “instant work”). As such, it is cited as it is in accordance with Article 8(2)

2. Whether the instant disposition is lawful

A. Determination as to whether a worker is a worker under the Labor Standards Act shall be based on whether a contract form is an employment contract or a delegation contract is an employment contract, and whether a labor provider provided labor to an employer for the purpose of wages in a business or workplace.

In this context, whether an employer has a subordinate relationship should be determined by comprehensively taking account of various economic and social conditions, such as determining the content of work, whether the employer is subject to the rules of employment or service, whether the employer is subject to considerable direction and supervision during the performance of work, whether the employer is bound by the working hours and working places, whether the employer is capable of operating his/her business on his/her own account, whether the employer has a risk, such as the creation of profits and losses from the provision of labor, whether the nature of remuneration is the subject of work itself, whether the basic salary or fixed wage has been determined, whether the employer was withheld from the income tax, whether the continuity and degree of the relationship of the provision of labor, whether the employer has exclusive responsibility to the employer, and whether the status of the employee is recognized under the statutes on social security system.

provided, however, that the basic salary is; or

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