1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. From March 24, 2014, the Plaintiff filed an application for medical care benefits with the Defendant on April 23, 2014 due to a traffic accident (hereinafter “instant accident”) brought out from the gravel path at the construction site of the Seocho-gu Busan Metropolitan City, Busan, on April 16, 2014, when the Plaintiff registered Kwikset Service as Kwikset Service engineer and carried out delivery affairs as a “B and C” (hereinafter “C”), and filed an application for medical care benefits with the Defendant on April 23, 2014.

B. Accordingly, on June 23, 2014, the Defendant: (a) against the Plaintiff on June 23, 2014, the Plaintiff engaged in the delivery service as Kwikset Service Agent; (b) is not engaged in the delivery service of its affiliated companies; (c) carries out delivery service at the Plaintiff’s autonomous choice, rather than in the method determined by the Plaintiff’s smartphones transmitted to the smartphones owned; and (d) is confirmed to pay 20% of expenses, other than monthly fixed amounts, as fees, to the affiliated companies.

The Plaintiff notified the non-approval of the Plaintiff’s application for medical care benefits (hereinafter “instant disposition”) on the ground that the Plaintiff is not a person in special type of employment as prescribed by the Industrial Accident Compensation Insurance Act, such as the absence of an agreement to preferentially perform the delivery business of the affiliated company.

[Ground of recognition] Facts without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion falls under a person in special type of employment prescribed by the Industrial Accident Compensation Insurance Act, as an exclusive engineer who has given priority to C’s delivery service according to the instructions as determined by C, and thus, the instant accident constitutes occupational accidents, but the Defendant’s disposition otherwise determined is unlawful.

B. “Special type of employment” in Article 125 of the Industrial Accident Compensation Insurance Act was introduced on December 14, 2007 by the amendment of the Industrial Accident Compensation Insurance Act.