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. On August 31, 2015, the Plaintiff’s husband (CF, hereinafter “the deceased”) driven a three-wheeled vehicle (hereinafter “the instant vehicle”) with a view to the repair of the horse, which is located in Pyeongtaek-si D (hereinafter “instant construction”) and was at around 10:09, the back wheels of the instant vehicle fell into the right side of the vehicle, while the back wheels of the instant vehicle fell into the wind that is required for the instant construction, and the head was faced with the back wheels of the instant vehicle, while the back wheels fell into the right side of the vehicle, at around 10:09, at the top of the household package of E located in Pyeongtaek-si D (hereinafter “instant construction”).
B. After the instant accident, the Deceased was sent to the Fasi located in Pyeongtaek-si and was performed an operation, but was eventually killed due to the malphalopic typhism (DIC) around 14:30 on the same day.
C. On September 2015, the Plaintiff contracted the instant construction from G Co., Ltd. (hereinafter “instant company”) and claimed that the deceased’s death constituted occupational accidents, and filed a claim for survivors’ benefits and funeral expenses with the Defendant on November 30, 2015, on the ground that the instant construction works directly conducted by E constituted a project excluding the Industrial Accident Compensation Insurance Act, and thus, constitutes a project excluding the application of the Industrial Accident Compensation Insurance Act (hereinafter “instant disposition”).
[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 5, Gap evidence 11, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The instant construction project contracted by the instant company, which runs the Plaintiff’s construction business, does not constitute an exception to the Industrial Accident Compensation Insurance Act, under the Industrial Accident Compensation Insurance Act.
On the other hand, the deceased was employed as a worker in the company of this case.