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(영문) 서울행정법원 2018.11.30 2018구단62259
요양승인처분취소
Text

1. The Defendant’s disposition of approval for medical care granted to B on February 20, 2018 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. The Plaintiff is a company entrusted by C with the business of goods (D), installation, maintenance, and repair (A/S) of the said company, and B is a person who performed the business of installation, ex post facto maintenance, etc. of D equipment among the above entrusted duties of the Plaintiff in Echeon area (hereinafter “instant business”).

B. B, on June 19, 2017, while engaging in the work of modifying the antenna position at the seat of D customers, was diagnosed as “the attack on the other side side of the platform” and applied for medical care benefits to the Defendant.

C. Accordingly, on August 4, 2017, the Defendant issued a disposition not to grant medical care on the ground that “B does not constitute an employee under the Labor Standards Act” but revoked the disposition not to grant medical care on the ground that “B is dissatisfied with the aforementioned disposition and “B constitutes a worker under the Labor Standards Act” and “B”, and issued a disposition not to grant medical care (hereinafter “instant disposition”) on February 20, 2018.

[Reasons for Recognition] Class A, Nos. 1, 2, and 1, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Although it is reasonable to deem that the Plaintiff’s assertion B is a subcontractor who received a subcontract for the installation of D equipment and the follow-up maintenance work from the Plaintiff and is not an employee of the Plaintiff, the Defendant’s disposition of this case on a different premise is unlawful.

B. In order to become a beneficiary of insurance benefits under the Industrial Accident Compensation Insurance Act, it shall be an employee under the provisions of the Labor Standards Act at the time of the accident, and in determining whether a worker is a worker under the Labor Standards Act, regardless of whether the type of the contract is an employment contract or a contract for work under the Civil Act, it shall be determined according to whether the worker provided work in a subordinate relationship with the employer for the purpose of wages at the business or workplace

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