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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Around 13:00 on October 25, 2015, B, the spouse of the Plaintiff, was killed on October 27, 2015, and was used to sit outside the D Repair Room of the fourth floor of the building C in Jung-gu, Busan, Busan, but was transferred to the Hospital of Busan, but died on October 27, 2015.
On March 22, 2016, the Defendant (the head of the Busan Regional Headquarters) rendered a decision to pay bereaved family benefits and funeral expenses to the Plaintiff on March 22, 2016 on the ground that B (hereinafter “the deceased”) is not an employee under the Labor Standards Act.
(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, entry of Gap evidence Nos. 1 and 2, and purport of the whole pleadings
2. Article 5(2) of the Labor Standards Act provides that “worker means a worker under the Labor Standards Act” and Article 2(1)1 of the Labor Standards Act provides that “worker means a person who provides labor to a business or workplace for wages regardless of the type of occupation.”
The issue of whether a worker is a worker under the Labor Standards Act shall be determined according to whether a worker provided labor in a subordinate relationship with an employer for the purpose of wages in substance rather than in the form of a contract. Whether a dependent relationship exists shall be determined by the employer; whether the employer is subject to the rules of employment or the rules of service; whether the employer designates working hours and working places; whether the employer is bound by the employer; whether the worker is able to operate the business on his/her own account; whether the employer is able to own business on his/her own account; whether the employer has any risks, such as the creation of profits and the occurrence of losses through the provision of labor; whether the nature of remuneration is the subject of labor; whether the basic wage or the fixed wage has been determined; and whether the wage has been paid.