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(영문) 서울행정법원 2019.07.17 2018구단64590
요양급여불승인처분 취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all the Plaintiff.

Reasons

1. Details of the disposition;

A. At around 12:30 on November 23, 2017, the Plaintiff was diagnosed as an accident falling at a height of 2 meters from the rooftop floor (hereinafter “instant accident”) and received a diagnosis of each injury or disease of “damage, stimulation, external blood transfusion, and 3-4 on February 7, 2018, the Plaintiff filed an application for medical care benefits for each of the above injury or disease with the Defendant on February 7, 2018.

B. However, on March 20, 2018, the Defendant: (1) “The instant construction contract is not not a labor contract, but rather the Plaintiff is not an employee under the Labor Standards Act; and (2) The instant construction project is a business or workplace prescribed by Presidential Decree in the proviso to Article 2(1)3 and Article 2(1)5 of the former Enforcement Decree of the Industrial Accident Compensation Insurance Act (amended by Presidential Decree No. 28506, Dec. 26, 2017) (1) of the Industrial Accident Insurance Act (amended by Presidential Decree No. 28506, Dec. 26, 2017)” means any of the following business or workplace (hereinafter referred to as “business”).

Corporation with less than 20 million won

(b) A project for construction or substantial repair of a building with a total floor area of not more than 330 square meters;

5. Projects other than those referred to in subparagraphs 1 through 4.

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