A person who owns a vehicle and operates a motor vehicle transport business under his/her own name is an operator who owns the vehicle in external relations with the borrower even if there are other internal practices by agreement with the borrower, and therefore, he/she is an operator under Article 6 of the Industrial Accident Compensation Insurance Act.

A person who owns a vehicle under his/her own name and operates a vehicle driving business shall be an operator who owns and operates the vehicle in external relationship even if there are other internal practices according to an agreement with the borrower, so he/she is an operator under the Labor Standards Act.

Article 6 of the Industrial Accident Compensation Insurance Act, Article 4 of the Automobile Transport Business Act, Article 15 of the Labor Standards Act

Korea Transport Corporation and 56 others

The head of Seoul Industrial Accident Insurance Office

Seoul High Court Decision 71Gu100 through 189 delivered on December 21, 1971

The appeal is dismissed.

The costs of appeal are assessed against the plaintiffs.

The grounds for appeal by the plaintiffs' attorney are determined.

According to the reasoning of the judgment below, the court below dismissed the plaintiffs' claims, as the reasons why the plaintiffs are holding a vehicle under the name of the Minister of Construction and Transportation with the permission of the Minister of Construction and Transportation under the Automobile Transport Business Act and operated the automobile transport business, even if the actual condition of the business is merely an internal practice by agreement with the plaintiffs in the business enterprises, and in external relations with the plaintiffs, it cannot be deemed that the plaintiffs own each of the above vehicles and operate it. Therefore, in relation to the employees of the business, it cannot be deemed that the plaintiffs are responsible for the direct labor contract. Therefore, since it is clear that all of the plaintiffs are the industrial accident compensation insurance policyholders under Article 6 of the Industrial Accident Compensation Insurance Act as the business operators operating the business under the Labor Standards Act, because they are the industrial accident compensation insurance policyholders under Article 6 of the Industrial Accident Compensation Insurance Act, the plaintiffs' claims filed by the plaintiffs on the grounds that the plaintiffs are not subject to each of the above insurance contracts, and therefore, it cannot

Therefore, the appeal is dismissed without merit. It is so decided as per Disposition by the assent of all participating judges by applying Articles 95, 89, and 93 of the Civil Procedure Act to the burden of the costs of appeal.

The judge of the Supreme Court of the Republic of Korea (Presiding Judge) Mag-Jak Kim Jong-young Kim Young-ho