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(영문) 서울행정법원 2015.10.02 2015구단8773
심사결정취소
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. The plaintiff is the representative director of B corporation, and C is the plaintiff's father and wife.

B. On April 10, 2012, B and D completed the registration of ownership transfer with respect to each of 1/2 shares with respect to the land in Pyeongtaek-gun E, Gyeonggi-do (hereinafter “instant land”). On August 23, 2012, B and D as the owner of the instant land, filed a construction report with the owner of B and D as a new owner of the instant land.

C. C on March 29, 2013, purchased D’s 1/2 of the instant land and completed the registration of ownership transfer therefor.

On June 8, 2013, the Plaintiff was in a construction site that newly constructed a detached house on the instant land and was in an accident that shocks the chest on the bridge, and was diagnosed as “the closure No. 6 of the bones of Sponnes. 1.”

E. On September 30, 2014, the Plaintiff filed an application for medical care against the Defendant on the ground that the Defendant was not a worker but a substantial business owner on October 15, 2014.

F. The Plaintiff dissatisfied with the instant disposition and filed a request for review with the Defendant, but was dismissed on March 20, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 5, 9, Eul evidence Nos. 5 and 7, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is that the plaintiff agreed to receive benefits of KRW 2 million between C and C, the owner of the building, and was involved in an accident while working at the construction site, and thus, it should be recognized as an occupational accident.

B. Determination of whether the Industrial Accident Compensation Insurance Act is a worker under the Labor Standards Act, which is the subject of protection, should be made depending on whether the form of a contract is an employment contract or a subordinate relationship with an employer for the purpose of wages in the business or workplace, and whether a subordinate relationship as mentioned above exists shall be determined by the employer’s contents of work and the rules of employment or the rules of employment (person in charge).

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