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(영문) 서울행정법원 2017.11.30 2017구단20647
최초요양급여 불승인처분 취소
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 July 26, 2015, at around 14:40, the Plaintiff filed an application for medical care benefits with the Defendant on December 7, 2016, after receiving the diagnosis of “damage to light water, light salvine and tensions, shoulder strings, personality bombing, personality bombing, neute, neutronical bomb, neutronical boming, and neutronic bomb,” with the Plaintiff during the performance hall at the performance hall of B Co., Ltd. (hereinafter “C”).

B. On December 9, 2016, the Defendant rendered a decision not to approve the Plaintiff (hereinafter “instant disposition”) on the ground that it is difficult to regard the Plaintiff as an employee under the Labor Standards Act.

C. The Plaintiff filed a request for examination with the Defendant, but the Defendant rendered a decision to dismiss the Plaintiff’s request on March 30, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the fact that the Plaintiff’s assertion entered into a labor contract with C and received fixed wage under C’s direction and supervision, the Plaintiff was commuting to and from work according to the time set by C, the Plaintiff was able to suspend his/her performance at the place and time set by C as well as on the designated date and time set by C, and complied with C’s control order, and the Plaintiff’s arbitrary performance or performance could not be performed to a third party without C’s approval, and the Defendant’s disposition based on the different premise is unlawful, even though the Plaintiff is deemed to be a worker of C.

B. (1) On August 1, 1997, the Plaintiff, the artist for the performance of a string period, entered into a performance agreement with C on August 1, 201 (hereinafter “performance agreement”) with C as follows. The performance agreement for the performance of a string period from August 1, 1997 (hereinafter “performance agreement”).

1. Indication of performance items:

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