2. The costs of lawsuit are assessed against the defendant.

A. On December 20, 2007, 00: 10 on May 10, 1961, 200, ○○○○○○○ Co., Ltd. (hereinafter referred to as “Non-party ○○○”) was in office as the chief in charge of overall operation and management of driving range operations at Gwangju-si 00 (hereinafter referred to as “non-party ○○○○”) and was missing after completing the first and second transmission conference and parking an agent for the non-party ○○ on December 23, 2007, and was found to have been missing on the following day.

(b) The law of the medical college of ○○ University, which examined the body of the deceased ○○○○○○ (hereinafter referred to as “the deceased”);

The appraiser ○○○, ○○○, and ○○○ determined the deceased’s private person as a physical temperature death.

C. On March 7, 2008, the Plaintiff, a wife of the deceased, claimed for the payment of compensation for survivors and funeral expenses to the Defendant on the ground that the death of the deceased was caused by an occupational accident. However, on May 19, 2008, the Defendant rendered a disposition of compensation for survivors and funeral site pay (hereinafter “instant disposition”) on the ground that “the deceased was killed due to an accident that occurred during his/her returning home after having completed a meeting of transmitting year, and he/she was living outside the business owner’s control and management,” and on the ground that he/she did not dispute the grounds for recognition: (i) facts that there was no dispute; (ii) evidence No. 1, 3, 4, 6, evidence No. 7-1, 2, 3, evidence No. 8, 9, evidence No. 1, 2, 4, 5, 6, and 7; and (iii) the purport of the entire pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

The second round of the case was planned in advance by the direction of the representative director, who is the business owner, for the purpose of deceiving the employees and boosting the morale. Although the deceased was caused by an accident as a result of failing to refrain from drinking by measuring his own share, the accident was caused by the main cause of drinking at the Song-gu type, which is a business-related act, and the situation where the deceased was conducted due to such drinking at the Song-gu type, which is a business-related act, and thus, the death of the deceased was deemed an occupational accident, and the disposition of this case otherwise reported is unlawful.

(b) Facts of recognition;

1) The non-party company worked nine members including the deceased as a company operating the Indian language driving range. On November 2006, the deceased joined the non-party company and was in charge of the duty to manage the operation, facility management, and employee management as the chief of the management department.

2) On December 20, 2007, the representative director of the non-party company, ○○○, a representative director of the non-party company, agreed to hold an annual conference hall at the end of the year, and instructed the deceased to make a reservation at an annual conference hall, and the deceased promised ○○○, located in Gwangju City, to the first place.

3) The first installment was held on December 20, 2007 at ○○ from 00 to 21:00 while the employees of the non-party company, excluding one facility manager for the night business and one set-off worker, excluding 1 and one set-off worker, and 40,000 won for the first installment was paid out by the non-party company’s corporate card.

4) At the time of the foregoing conference, the Deceased instructed that “I will not drink and drink on December 21, 2007, on the following day: from 00: 6:00 on December 21, 2007, I will not drink. I will not drink.” The Deceased instructed that “I will drink 8:00 on behalf of Iather own, and drink Iat 8:0,000 on behalf of Iather and drink Iat 8:0.”

5) The representative director did not attend the second round after completing the first round of meeting and requested the deceased to take charge of the second round of meeting while returning to the house without attending the second round of meeting.

6) From 00 to 23:00 on the same day in the form of a rear pool, part of the persons (four persons, including ○○○, were returned home) who participated in the first round of the year, including the Deceased, were in progress at the ○○○○○○○○○○○○○○○ in Gwangju, around 21:00 on the same day, and the second round of the class of the class of the class of the class of the deceased was settled with the Non-Party Company’s corporate card in the calendar of KRW 47,000.

7) After the completion of the second turning session, the Deceased, who was a non-party company for the work on the following day, had the non-party company drive his own vehicle on the 21st day of the following month, and the non-party company arrived at the non-party company at around 00:00 on the 21st day of the following month, and the non-party company parked the vehicle on the 000 parking lot located adjacent to the non-party company, which was located adjacent to the non-party company.

8) While the Deceased, after getting off the vehicle, failed to open door several times in order to open Nonparty Company’s sentiments, he was moving to the National Highway No. 43, he was found to have died from the farming waterway 2.5m wide in the vicinity of the golf driving range, which was 10m high in depth and 20m high in depth and 10m high in the same day on the same day, after getting out of approximately 1.5m high in the golf driving range (the height from the farming road to the upper road is about 1.7m high in height, it seems that the Deceased died from the temperature after not finding out a place where it was lowered to find out the Defendant’s exit, which was going up to the 1.7m high in height from the upper road).

9) At the time of the completion of the second rounding process, the deceased was considerably taking place. As a result of the autopsy, the alcohol concentration of turering detected from the end blood of the deceased was 0.19%.

10) On the other hand, on December 20, 2007, there was snow or rain recording 0.5m of strong rain, and the lowest temperature was 0.6§C n.6m.

【Ground for Recognition: Facts without dispute; Gap evidence 1, 3, 4; Gap evidence 5-1, 2, 6-6; Gap evidence 7-1, 2, 3; Gap evidence 8, 9; Gap evidence 11-1 through 22; Gap evidence 13-1, 2, 3; Eul evidence 4, 5, 6, 7; Eul evidence 4, 6, and 7; the testimony and video of the witness ○○○○; the purport of the whole pleadings)

C. Determination

1) Where a worker suffers from an accident while participating in an event or a meeting other than a company which is not prescribed as one which is not obligated to ordinarily engage in under an employment contract, it shall first be recognized as an occupational accident, in light of the circumstances such as the organizer, purpose, contents, number of participants, forcedness, methods of operation, cost burden, etc. of the event or meeting, the overall task of the event or meeting must be under the control or management by social norms, and the worker must not deviate from the usual course of the event or meeting. Furthermore, during the process of a meeting on the part of the employer, it shall be deemed that the worker has a disability in the normal East or ability of drinking exceeding a week, and that the worker has suffered from an occupational accident such as injury, quality, physical disability, or death, etc., it shall be deemed that the above act was conducted through the two different types of accidents, and that the above act was conducted through the two different types of mental and physical disorder or other extraordinary circumstances, barring any special circumstances, and it shall be deemed that it was conducted under the Industrial Accident Compensation Insurance Act.

2) The following facts revealed in the above facts, namely, ① the first ceremony was conducted for the purpose of boosting the morale of employees belonging to the non-party company under the supervision of ○○○○○○, the representative director of the non-party company, and ② the second ceremony was composed of some members, such as OO, etc.; ② the representative director asked the non-party company to the effect that it would change the second ceremony instead of taking the deceased, and the second ceremony was processed at the expense of the non-party company. ③ The first and the second ceremony was conducted on the part of the non-party company, which was not under the control and management of the business owner; ④ The first and the second ceremony was conducted on the part of the non-party company upon the request of the non-party company to the effect that the above accident was caused by the non-party company’s own mental and physical disorder or the second ceremony was conducted on the part of the non-party company’s own mental and physical disorder. ④ The degree of the blood alcohol level of the deceased’s death caused by the non-party company’s own mental and physical disorder.

3) Therefore, the Defendant’s disposition that reported otherwise is unlawful.

3. Conclusion

Thus, since the defendant's disposition of this case is unlawful, the plaintiff's request of this case seeking its revocation is justified and it is decided as per the disposition.

Judges OOO -

Judges OOO