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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 March 15, 2016, around 08:30, the Plaintiff was diagnosed as “the first pressure pressure frame, scarcity, and scarcity, with a scarlet,” and applied for the first medical care benefits to the Defendant on March 22, 2016, while performing roof repair work at the repair site of the club house (hereinafter “instant building”) located below three meters (hereinafter “instant accident”).
B. On May 20, 2016, the Defendant rendered a decision on non-approval (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a worker under the Labor Standards Act.
C. The Plaintiff dissatisfied with the instant disposition and filed a request for examination with the Defendant, but the Defendant dismissed the request on September 12, 2016.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 4, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion is a worker who provided work to D and received a daily wage of KRW 200,000. Thus, the instant disposition based on the premise that the Plaintiff did not constitute a worker under the Labor Standards Act is unlawful.
(b) as shown in the attached Form of the relevant statutes;
C. In determining whether a contract constitutes a worker under the Labor Standards Act, regardless of whether the contract is an employment contract under the Civil Act or a contract for work, or a subordinate relationship to an employer for the purpose of wage in substance. In determining whether a subordinate relationship exists, the content of work is determined by the employer, the application of the rules of employment, the rules of employment, the rules of employment, the personnel regulations, etc., and the employer is specifically and directly directed and supervised by the employer in the course of performing work, whether the working hours and the place of work are designated by the employer and are detained by the employer.