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(영문) 부산지방법원 2015.04.08 2014구단1561
최초요양불승인처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On May 9, 2014, the Plaintiff, while cleaning glass (hereinafter “instant work”) in the building located in Busan-gun, Busan-gun, was involved in an accident that goes beyond the bridge, and applied for medical care to the Defendant against the injury and disease.

B. On September 11, 2014, the Defendant rendered the instant disposition rejecting the application for medical care on the ground that “the instant work is an employment activity within a family, and constitutes an exception to industrial accident compensation insurance under Article 6 of the Industrial Accident Compensation Insurance Act and Article 2 of the Enforcement Decree of the same Act.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is not employed by the occupants of the third floor of the above building, which is the place of the instant work, but constitutes workers employed by “C” and working for human resources supply business.

Therefore, since the work of this case cannot be viewed as a family-employed activity, the defendant's disposition of this case based on this premise is unlawful.

B. Determination 1) Whether the Industrial Accident Compensation Insurance Act is a worker under the Labor Standards Act, which is the subject of protection, should be determined depending on whether the form of a contract is an employment contract or a contract for employment, and whether a worker has a subordinate relationship with an employer for the purpose of wages in substance. Whether a subordinate relationship exists as mentioned above shall be determined by the employer’s contents of work, and whether the employer has a considerable direction and supervision in the process of performing work under the rules of employment or service (which is subject to personnel regulations, etc.), whether the employer designates working hours and places, whether the worker is detained, whether the employer is subject to detention, and a labor provider owns or employs a third

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