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(영문) 인천지방법원 2016.06.28 2015구단50396
요양급여부지급처분취소
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. On September 27, 2014, at around 08:00, the Plaintiff was diagnosed as “an accident falling on a shooting bridge while carrying out a tent construction work at the construction site of the Bupyeong-gu Incheon in Bupyeong-gu (E” located in the Bupyeong-gu, Incheon (hereinafter “instant accident”) and was diagnosed as “the instant accident” due to the fall on a shooting bridge while carrying out a tent construction work at the construction site of Bupyeong-gu, Incheon (hereinafter “E”).

B. The Plaintiff filed an application for medical care benefits with the Defendant on the ground that the Plaintiff did not constitute a worker under the Labor Standards Act (hereinafter “instant disposition”) on January 16, 2015, the Defendant rendered a disposition of non-approval of medical care (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is unlawful in light of all the circumstances, including: (a) as a daily worker, the Plaintiff, as an employer, determined the Plaintiff’s working hours, place, details of duties, and specifically directed and supervise the Plaintiff’s business; (b) major equipment, raw materials, working tools, etc. put into the seal construction; (c) the amount of KRW 3.5 million paid from C was included in the daily allowance of F, which provided work together with the Plaintiff’s daily wage of KRW 200,000,000, and the Plaintiff did not have registered its business in its own name; and (d) the instant disposition based on a different premise is against the Plaintiff’s disposition, even though the Plaintiff constitutes

B. (1) In order to become a beneficiary of insurance benefits under the Industrial Accident Compensation Insurance Act, it shall be an employee under the provisions of the Labor Standards Act at the time of the accident, and in determining whether an employee is a worker under the Labor Standards Act, the actual type of the contract shall be regardless of whether the contract is an employment contract under the Civil Act or a contract for work.

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