[유족보상금등부지급처분취소][공1995.7.1.(995),2277]
(a) Whether a person can work for a construction site for about seven months as a business trip;
(b) complete a business trip and start one’s home and start one’s home and start one’s home and start one’s home and start one’s middle.
Whether an accident occurs during the attendance of the next day after the due date, and whether it is a simple accident during the attendance of the worker.
A. The construction site where approximately seven-month period of work is a normal place of work, and thus the entire process of work at the construction site is under the employer’s subordinate employment and control. It cannot be deemed as a so-called business trip work.
B. If an accident occurred in the course of returning home, after completing the provisions for the travel duty and the club staff, coming from their home and returning home again to the next workplace after returning home again, the accident shall be deemed to be a disaster during simple commuting.
Article 4 subparag. 1 of the Industrial Accident Compensation Insurance Act
Plaintiff
The head of the Changwon Regional Labor Office
Busan High Court Decision 93Gu1633 delivered on January 14, 1994
The appeal is dismissed.
The costs of appeal are assessed against the plaintiff.
We examine the grounds of appeal.
In light of relevant evidence and records, the fact-finding by the court below as to the point of view of the theory of lawsuit is deemed correct, and there is no violation of the rules of evidence or an incomplete trial.
In addition, as determined by the court below, the construction site at the time of the original adjudication, where the deceased non-party 1 was on duty for about seven months, shall be deemed to be the ordinary work site of the deceased, so the entire work site cannot be deemed to be the so-called business trip work under employment subordinate and control of the business owner. The accident in this case shall not be deemed to fall under the occupational accident under the Industrial Accident Compensation Insurance Act, since the above deceased's business trip work at its head office and the work for his head office is completed, and the accident in this case that occurred during the next day shall be deemed to be a simple commuting accident at the time when he was returned to the workplace, and even if considering the circumstances leading to the purchase of the deceased's car and the cost subsidization relationship, etc., the accident in this case shall not be deemed to fall under the occupational accident under the Industrial Accident Compensation Insurance Act.
The judgment of the court below to this purport is correct, and there is no error of law such as misapprehension of legal principles.
All arguments are without merit.
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Ahn Yong-sik (Presiding Justice)