1. The plaintiff's claim is dismissed.

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

1. On March 23, 2016, B obtained a building permit from the head of the branch office of Kimhae-si to construct a second floor of a general steel structure on the land of Kimhae-si, and around March 29, 2016, B filed a report on the commencement of construction as of March 30, 2016 with regard to the new construction of the building, B contractor, the scheduled commencement date, April 1, 2016, and June 30, 2016.

B On April 15, 2016, to E, a real operator D of steel structure manufacturing business, the construction price of the second floor (hereinafter “instant construction”) was set at KRW 15.5 million and the construction period between May 1, 2016 and May 15, 2016.

Around 07:00 on May 11, 2016, the Plaintiff, the husband of B, filed an application for medical care benefits for the instant injury or disease with the Defendant on June 3, 2016, by asserting that the Plaintiff, as the husband of the instant construction site, suffered from “B,” away from the ground below approximately three meters, she was suffering from shesheathing (L2), damage on water, damage on water, separation of the left hand hand, on the left side, on the left side, during a main month, or the closure of bones of the left hand’s bones (hereinafter “the instant injury or disease”).

On August 5, 2016, the Defendant rendered a disposition which did not approve medical care benefits for the injury and disease of this case (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a worker under the Industrial Accident Compensation Insurance Act in relation to the instant construction work.

[Ground of recognition] Evidence Nos. 1, 7-2, 3, and 12, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion constitutes a worker under the Industrial Accident Compensation Insurance Act in relation to the instant construction work, since the Plaintiff was employed by E to receive KRW 180,000 per day and provided work on a daily basis at the instant construction site and Hawan-gun, and thus, the instant disposition otherwise deemed unlawful.

B. The Industrial Accident Compensation Insurance Act is determined.