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(영문) 춘천지방법원 2016.09.02 2016구합50608
요양급여신청불승인처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On January 28, 2016, the Plaintiff received a request for the ice ice ice ice rinking work from an employee E of a C factory (name of a business place) located in Gangnam-gun, Gangwon-do.

B. On January 29, 2016, around 10:30 on January 29, 2016, the Plaintiff: (a) went up to the ceiling for the ice Piping of team pipes in the above plant; and (b) during that process, there was an accident that the ceiling board collapses, thereby falling into the floor of the Plaintiff (hereinafter “instant accident”).

C. After the above accident, the Plaintiff was diagnosed as “alleys, right-hand, external scarlet, external scarlet, external scarlet, external scarlet, external scarlet,” “liver damage,” “cerebral scarlet,” and “comfort salt,” respectively.

The Plaintiff filed an application for medical care benefits with the Defendant on March 9, 2016 for the pre-approval of the application for medical care benefits (hereinafter “instant disposition”) on the ground that the Plaintiff did not constitute a worker under the Labor Standards Act, on April 1, 2016, on the ground that the pre-approval of the application for medical care benefits was made by the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-2, Eul evidence 1-2, Eul evidence 1-2, witness E's testimony, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's summary of the plaintiff's assertion was known to F, a daily employed worker, to receive KRW 100,000 per person at the factory C at one hour, and ice ice ice ice ice ice. At the time of the work, the plaintiff was performing the work under the direction and supervision of E, such as the date, time, number of workers, process, location and structure of the S Team in the ceiling, and the location and structure of the S Team in the ceiling at the time of the work from E, a factory manager, was explained. The plaintiff was working as a worker of the factory C, and the accident occurred.

The application for medical care benefits is deemed difficult to be considered as an employee under the Labor Standards Act.

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