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(영문) 서울행정법원 2014.08.01 2013구단8809
최초요양불승인처분취소
Text

1. On April 8, 2013, the Defendant’s disposition of non-approval for medical care rendered to the Plaintiff is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On December 15, 2012, the Plaintiff entered into a stage watch agreement with the non-party corporation, Austria (hereinafter “non-party corporation”) and applied for medical care benefits due to occupational accidents to the Defendant on February 8, 2013, when part of the stage equipment fell from 10 meters to her head (hereinafter “instant accident”) while working as a stage manager at the practice and performance of the musical works produced by the non-party company.

B. On April 8, 2013, the Defendant rendered the instant disposition to the Plaintiff on the ground that according to the terms and conditions of the contract that the Plaintiff concluded with the Nonparty Company, the Plaintiff did not constitute an employee under the Labor Standards Act providing labor for the business or workplace for the purpose of wage, and that the Plaintiff did not purchase industrial accident insurance as an artist under the Arts and Welfare Act

C. The Plaintiff filed a request for review on the instant disposition, but was dismissed on July 2013.

[Ground of recognition] The fact that there is no dispute, Gap 1's evidence, Eul 6's evidence, purport of whole pleading

2. Whether the plaintiff's assertion constitutes a worker under the Labor Standards Act should be determined depending on whether the form of a contract entered into with the non-party company is an employment contract or a contract for employment, and whether the worker provided labor in a subordinate relationship with the employer for the purpose of wages in substance. In light of various circumstances, such as the plaintiff's receipt of specific instructions on business affairs from the non-party company and the payment of the amount under a contract under which 3.3% of withholding tax is uniformly deducted regardless of the plaintiff's actual work performance, the plaintiff provided the non-party company as a whole for

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