1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff (hereinafter “business owner”) had “B orchard” located in Seocheon-si, which is operated by B (hereinafter “B”) work as a daily employee at the workplace of this case.

On April 26, 2018, the Plaintiff suffered injury and disease in the upper part of the 2nd part of the 2nd part of the 2nd part of the 2nd part of the 2nd part of the 2nd part of the 2nd part of the 2nd part of the 2nd part of the 2nd part of the 2nd part.

(hereinafter “instant disaster”). (b)

On June 1, 2018, the Plaintiff filed an application for medical care benefits with the Defendant on the ground that the instant accident constituted occupational accident. However, on August 7, 2018, the Defendant rendered a decision not to grant medical care for the Plaintiff on the ground that the instant workplace falls under a business where the number of full-time workers, other than a corporation, is less than five, pursuant to Article 6 of the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”) and Article 2 (1) 6 of the former Enforcement Decree of the Industrial Accident Compensation Insurance Act (amended by Presidential Decree No. 28506, Dec. 26, 2017; hereinafter the same shall apply) was excluded from the application of industrial accident compensation insurance.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence Nos. 1 through 8, Eul evidence No. 1, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) Since the instant workplace is an orchard, it does not constitute “agriculture” as prescribed by Article 2(1)6 of the former Enforcement Decree of the Industrial Accident Insurance Act. 2) Even if the instant workplace falls under “agriculture”, the date on which the instant accident occurred falls under the day on which the employer first employs the employee, and the number of employees on the day was five.

Article 2-2 (4) and (2) of the former Enforcement Decree of the Industrial Accident Insurance Act shall be the number of years employed until the date of operation in cases where the business is terminated within 14 days from the date of the first employment of the worker, or where the occupational accident occurs.