유족급여및장의비부지급처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. From August 2016, the deceased B (hereinafter “the deceased”) worked in Jung-gu Seoul, Jung-gu, China (hereinafter “instant workplace”) and has performed the duty of care and support.
The instant place of business is located in the second floor among the fourth floor buildings located in Jung-gu Seoul Metropolitan Government E (hereinafter “instant building”).
B. Around 19:30 on January 27, 2017, the Deceased had worked in the instant workplace and had drinking alcohol, and on the same day, there was an accident that, in order to return home at around 21:00 on the same day, the Deceased, while leaving the instant workplace, caused an accident that exceeds the degree of vadity of vad incining the dust of the instant building.
(hereinafter referred to as “instant accident”) c.
F, the main room of the instant workplace, the actual business owner, was located in the instant workplace at the time of the instant accident. However, the deceased was found to have been out of the instant building site, after hearing sound from the deceased, and going beyond the entrance of the instant building.
While the Deceased was sent to a nearby hospital, he/she was killed due to cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebrala on January 30, 2017.
E. On April 12, 2017, the Plaintiff, the deceased’s spouse, claimed that the deceased’s death constituted occupational accidents and applied for the payment of survivors’ benefits and funeral expenses to the Defendant.
On August 23, 2017, the Defendant rendered a disposition of bereaved family’s benefits and funeral expense (hereinafter “instant disposition”) on the ground that “In the event that the instant place of business is completed and most employees have retired, the Deceased voluntarily confirmed that he had drinking, as his usual habit, and there is no circumstance to deem that there was an official common sense, such as an exercise necessary for labor management or business operation. Therefore, it is difficult to recognize the deceased’s death as an occupational accident” on the ground that “the deceased’s death is difficult to be recognized as an occupational accident.”
[Ground of recognition] Facts without dispute, Gap evidence 1, 4 through 7, 10, and Eul evidence 9.