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(영문) 서울행정법원 2020.07.23 2019구합68732

유족보상등반려처분취소의 소

Text

1. The disposition that the Defendant rendered to the Plaintiff on March 26, 2019 as bereaved family benefits and funeral site pay shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. B worked as daily workers in C, etc. from around February 2014, and from around February 2016 to around C, the sloping beamline (BEAM) manufacturing process for bridgeing (the order of fairness is as follows) was conducted in the company in charge of the instant company (hereinafter “instant company”).

In the process, the deceased engaged in the transportation of sn beam and auxiliary materials.

B. B On February 15, 2016, the name of the Plaintiff, a spouse, is “E”, and the type of the business is “construction business, category: B: B: B’s business registration, and thereafter, C’s business operation was conducted in the form of a partner company.

C. B, from May 2016, from the instant company, directly received the price for astronomical work from the instant company, and the supplier issued a tax invoice that is the Plaintiff (mutually: E).

C closed the end of July 1, 2018, and B concluded a unit price contract (hereinafter “instant contract”) with the instant company and the instant company as the contractor on August 1, 2018 under the name of the Plaintiff (E), and B entered into a unit price contract with the Plaintiff at KRW 150,000 per day (hereinafter “instant contract”).

Main contents are as shown in attached Form 1.

E. B around 08:00 on August 30, 2018, around 08:00, the sn beamline transport work, etc. using cleaning and sckes to work at the instant company. At around 10:54, B died at around 12:03, at around 12:03, the sn beam beamline transport work near the outdoor workplace was used.

(B) B (hereinafter “the deceased”). On March 26, 2019, the Defendant rendered the Plaintiff a land-based disposition of survivors’ benefits and funeral expenses (hereinafter “instant disposition”) on the ground that “the deceased entered into the instant contract as a de facto representative of E, took overall control of the business, determined the intent to perform astronomical work, and paid daily allowances on his/her own account by employing workers, thereby not constituting workers.”