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(영문) 서울고등법원 2015.09.22 2015누46019
요양불승인처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of “determination on the plaintiff’s argument” under paragraph (2) below, and thus, the same shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment on the Plaintiff’s assertion of the trial

A. The plaintiff asserted that the plaintiff is a worker who provides labor to C in a subordinate relationship with the purpose of wage in light of the fact that the plaintiff's worker's work is not denied even if the employer had late subscribed to public insurance for the worker in question, while hospitalized in the accident of this case from C, and that the plaintiff frequently worked for night and weekends in addition to working hours under a labor contract due to the nature of the worker's occupation. The plaintiff is illegal in light of the fact that the accident of this case falls under the occupational accident of this case, since it is a worker who provides labor to C in a subordinate relationship with the purpose of wage, the plaintiff is a worker who is a member of the social department belonging to C from time to time outside working hours under the labor contract, and the plaintiff's work for night and weekends at the first floor of the head of the agency in Gwangju metropolitan metropolitan area until late at the time of the accident of this case. The accident of this case falls under the occupational accident of this case.

B. 1) In determining whether a person is a worker under the Labor Standards Act, regardless of whether the contract form is an employment contract under the Civil Act or a contract for work, it shall be determined according to whether a worker provided labor in a subordinate relationship with an employer for the purpose of wages at a business or workplace. In determining whether a subordinate relationship as mentioned above exists, the contents of the work shall be determined by the employer, and the rules of employment or service (which shall be subject to the application of personnel regulations)

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