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(영문) 광주고등법원(전주) 2019.06.26 2018누2327

유족급여및장의비부지급처분취소

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

Details of the disposition

The plaintiff is the spouse of the deceased B (hereinafter referred to as "the deceased").

On September 23, 2017, the Deceased received a bus repair request from C Co., Ltd. (hereinafter “instant company”) on September 11:30, 2017, and carried out a work to separate engines to repair the engines of E buses from the instant company located in So-jin-gu Seoul Metropolitan Government D during Jeon-gu.

During the separation work, the weight of the bus was collapseed, and the bus was turned down to the lower side, and the chest part of the deceased who was sitting down later than the bus was shocked.

On September 26, 2017, the deceased was immediately sent to the Jeonbuk University Hospital, and was killed in a flup at 22:26 on September 26, 2017.

(2) On April 23, 2018, the deceased claimed the payment of bereaved family benefits and funeral expenses to the Defendant on the ground that the deceased’s death constitutes occupational accident. However, on April 23, 2018, the Defendant rendered the instant disposition against the Plaintiff on the ground that “In light of the fact that the deceased’s business owner employed human resources necessary for engine repair work at his own expense, and that the instant company accounts the vehicle repair cost paid to the deceased as external repair cost, the deceased did not constitute a worker under the Industrial Accident Compensation Insurance Act (hereinafter “instant disposition”).”

The Plaintiff dissatisfied with the instant disposition and filed a request for examination to the Defendant, but the Defendant dismissed the request for examination on July 13, 2018 for the same reason as the above disposition.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 5 (each number is included; hereinafter the same shall apply), and the purport of the entire argument as to whether the disposition of this case is legitimate or not, the plaintiff's assertion that the plaintiff's business trip to the company of this case was accepted at any time for ten years, and the deceased is supplied with parts related to bus repair from the company maintenance division of this case.