The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal are examined.

1. Article 125(1) of the Industrial Accident Compensation Insurance Act provides that a project, regardless of form of contract, requires protection from occupational accidents, as the Labor Standards Act, etc. does not apply to the provision of labor similar to the employee, is prescribed as a project that receives labor from a person engaged in occupational categories prescribed by Presidential Decree (hereinafter referred to as “person in special type of employment”) among “a person who regularly provides labor necessary for the operation of one business and lives with remuneration and does not use others in providing labor” (Article 1 and 2).

Article 125 subparag. 6 of the former Enforcement Decree of the Industrial Accident Compensation Insurance Act (amended by Presidential Decree No. 27050, Mar. 22, 2016; hereinafter the same) upon delegation stipulates that one of the persons in special types of employment is “the person who mainly engages in delivery service upon being commissioned from one Kwikset service provider according to the standards determined by the Minister of Employment and Labor, who is a ground for selective distribution based on the subdivision of the Korean Standard Classification

Accordingly, the Ministry of Employment and Labor’s criteria for the exclusive nature of Kwikset Service Workers (Notice of Ministry of Employment and Labor No. 2012-40 of April 11, 2012) provides that “a person who mainly engages in delivery service upon request from one Kwikset Service provider” refers to a person who belongs to one Kwikset Service provider and carries out delivery service only of such company” (Article 1) or “a person who belongs to one Kwikset Service provider and carries out delivery service of another company in part while carrying out delivery service of such company” (Article 2). In addition, any of the subparagraphs of paragraph (2) provides that “a person who first agrees to carry out delivery service of his/her affiliated (registration) company” (Article 2012-40 of the Ministry of Employment and Labor).