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(영문) 수원지방법원 2017.07.21 2016구단2520

유족급여및장의비부지급처분취소

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1. On September 25, 2015, the Defendant’s disposition of bereaved family benefits and funeral expense against the Plaintiff shall be revoked.

2...

Reasons

1. (i) B was awarded a contract for the construction work of opening access roads to the company located in the wife population C, and E was awarded a subcontract from B around January 10, 2014 to KRW 4.9 million for the construction work cost during the foregoing construction work.

E leased equipment from a equipment firm (Sayang Construction Packing)

(A) On January 23, 2014, the net F, the father of the Plaintiff, died of the G Driving that was involved in the construction of the road package at the construction site at the above site at the construction site at around 18:10 on January 27, 2014, while being sent back to the hospital and being treated for treatment, the equipment and driver, and the driver’s or the road packing seal at KRW 2.8 million.

Secondly, the Plaintiff filed an application for the payment of bereaved family’s benefits and funeral expenses with the Defendant on September 25, 2015, the Defendant rendered a disposition of bereaved family’s benefits and funeral expenses (hereinafter “instant disposition”) on the ground that it was true that the deceased worked at the above construction site, but it does not constitute a worker entitled to insurance benefits under the Industrial Accident Compensation Insurance Act.

Applicant filed a request for review to the Defendant against the instant disposition, but the Plaintiff was dismissed on March 31, 2016, and the Industrial Accident Compensation Insurance Review Committee filed a request for review to the Industrial Accident Compensation Insurance Review Committee, but was dismissed on June 10, 2016.

【Fact-finding without a dispute over the ground for recognition, evidence Nos. 9, 10, 11, and the purport of the whole pleadings

2. The Industrial Accident Compensation Insurance Act (hereinafter referred to as the "Industrial Accident Compensation Insurance Act") does not stipulate any provision other than the "worker under the Labor Standards Act" for a worker entitled to receive insurance benefits under the Industrial Accident Compensation Insurance Act. Thus, whether the worker who is the beneficiary of insurance benefits falls under the "worker under the Labor Standards Act" or not.