유족급여및장의비부지급처분취소
1. Revocation of the first instance judgment.
2. Survivors’ benefits and funeral expenses that the Defendant rendered to the Plaintiff on January 6, 2015.
1. The reason why the court has used this part of the disposition is as stated in Paragraph (1) of the reasoning of the judgment of the court of first instance. Thus, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
2. Whether the instant disposition is lawful
A. A) On February 13, 2007, the Deceased had been employed by Nonparty Company as a member of the company and carried out logistics transportation from Nonparty Company to Kim Seadong Terminal.
Goods distribution shop and cargo shop work are three persons, which are five tons of cargo, and are loaded and unloaded on five tons of cargo truck, and in ordinary, more than 100 km of cargo was used, but goods less than 100 km were carried out by water.
Logistics work is dealing with heavy goods, and physically difficult work has been conducted, and due to this, frequent resignation of workers has been made, and it has not been easy to seek substitute workers.
B) While the amount of logistics handled by the deceased was not fixed monthly, it was treated with a larger amount of logistics than that of ordinary hours before and after life saving. On the other hand, during the week, the amount of logistics transported from the daily day to the daily day was more than that of other things. In particular, on the daily day, the deceased worked for five days a day to the daily day and six days a week in principle, and on the daily day, the deceased worked for two more times a week from 2:00 p.m. to 12 hours a.m., and on Saturdays, the deceased worked for two more times a day from 8:0 p.m. to 7:0 a.m. on Saturdays.
The time of meals of the deceased was about 20 minutes in the day, and was about 1 hour in Saturdays, and the rest time was not separately set. D) The deceased combined his/her daily work with his/her daily work and Saturdays and worked for approximately 56 hours to 60 hours in each week. The deceased’s daily work day is under the table below [the day].