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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. At around 10:00 on February 20, 2014, the Plaintiff asserted that, while putting up the sn beamline to evidence quantity in the process of installing steel structures at the construction site of the new construction site of the New Foundation of the Pakistan, he/she suffered bodily injury, such as drilling signboard escape certificate between the 3-4th century, the 5-cheon-3th century, and the tension, etc., and filed an application for medical care benefits.
B. On July 30, 2014, the Defendant, as the former business owner of C, entered into a construction contract jointly with D with the new flag-based corporation (hereinafter, Nonparty 2, the following) and did not constitute a worker under the Labor Standards Act, and filed an application for medical care non-approval (the instant disposition is conducted under the following) on the ground that the applicant’s injury and disease was an king.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination on the legitimacy of the disposition
A. The Plaintiff’s assertion is running a construction business upon business registration under C’s trade name.
Since the closure of business around 2007, it was no longer possible to operate the business as a bad credit holder, and upon D's request, it was merely limited to allowing D to use the trade name of D, and it is a joint owner of C or an employee under the Labor Standards Act who provided labor under the direction of D, who is an employer.
Nevertheless, the instant disposition based on a different premise is unlawful.
B. (1) According to the evidence evidence Nos. 8 and 9, D has completed its business registration with the trade name “C” on August 6, 2013, and on January 25, 2014 between the Plaintiff and C, the daily wage of KRW 200,000 and the period of its work from February 1, 2015.
4. It is recognized that, by 30.30., an employment contract was made up for working hours from 08:00 to 18:00.
However, whether the Industrial Accident Compensation Insurance Act is a worker under the Labor Standards Act, which is the subject of protection, is the business of workers in substance rather than the form of contract.