유족급여및장의비부지급처분취소
1. The disposition that the Defendant rendered to the Plaintiff on October 24, 2012 as bereaved family benefits and funeral expenses shall be revoked.
2. The costs of lawsuit shall be.
1. Details of the disposition;
A. The background B of the instant accident (hereinafter “the deceased”) was put into place for the performance of H’s facility security and guard duties regarding disputes arising between the former controlled entity (G) and the new controlled entity (H) of the EF commercial building located in Seongbuk-gu, Sungnam-gu, Sungnam-si (hereinafter “instant commercial building”) around 02:00 on June 13, 2012, under the direction of D, the general manager of security C (hereinafter “C”).
On June 18, 2012, around 12:56, the Deceased was found to have lost consciousness due to air conditioners addiction within his own car parked in the parking lot adjacent to the 7th floor management body of the commercial building of this case. The Deceased was sent to the next hospital located in Sungnam-si, Sungnam-si, and was treated for treatment on July 8, 2012, but died due to cardiopulmonary suspension around 17:25.
B. On August 20, 2012, the Plaintiff, the wife of the deceased’s claim for the payment of survivors’ benefits and funeral expenses, and claim for the payment of survivors’ benefits and funeral expenses from the death of the deceased, asserting that the deceased died of an occupational accident while on duty.
On October 24, 2012, the Defendant rendered a disposition of survivors’ benefits and funeral expenses (hereinafter “instant disposition”) to the Plaintiff on the following grounds:
The Deceased did not enter into a regular employment contract with C, and performed duties also provide C with the internal trend of G and the geographical information in the place of dispute, etc. to the general manager in relation to the dispute over the management right of the shopping mall of this case. In return, the Deceased was paid an amount equivalent to the daily wage of field security personnel (the daily level of KRW 80,000 per day). However, during the remaining hours other than the time during which the Deceased provided information, there is no “exclusiveity” and “Detention” for performing duties, such as performing duties, and the actual duties performed.