1. The plaintiff's claim is dismissed.

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

1. Details of the instant disposition

A. On December 6, 2014, the Plaintiff suffered pictures (the instant disaster) from the inner part of the wind, where a fire is to be destroyed by soundproof agents, while making a melting work to repair machinery at the C Co., Ltd.’s place of business located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do.

B. On February 23, 2015, the Plaintiff filed an application for approval of medical care with “chloat image on the side of the c stock company” and the insured as “C stock company” (hereinafter referred to as “C”). However, on March 10, 2015, the Defendant issued a non-approval disposition (the instant disposition in the following cases) on the ground that the Plaintiff cannot be deemed a worker as prescribed by the Labor Standards Act.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The Plaintiff asserted that the Plaintiff subscribed to employment insurance as D’s employee, and was dispatched to C at the request of C Representative E, and repaired the machinery in C’s workplace.

At the time, the Plaintiff entered into a daily employment contract with E by setting a daily allowance of KRW 280,00,000 and engaged in work according to the direction of E, but the instant disposition taken on the premise that the Plaintiff does not constitute a worker is unlawful.

B. (1) In order to become a beneficiary of the insurance benefits under the Industrial Accident Compensation Insurance Act, the determination shall be made according to the Labor Standards Act at the time of the accident, and in order to determine whether a worker is a worker under the Labor Standards Act, regardless of whether the form of the contract is an employment contract or a contract for work under the Civil Act, the determination shall be made according to whether the worker provided labor in a subordinate relationship with the employer for the purpose of wages at the business or workplace, and whether the above subordinate relationship exists.