유족급여및장의비부지급처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On October 25, 2013, the Plaintiff’s husband B (hereinafter “the deceased”) entered into a labor contract with C Co., Ltd. (hereinafter “instant company”) and carried out powders management and blasting work as the main powder in the tunnel construction site.
B. On June 28, 2014, the Deceased completed work at around 09:00 and died as a traffic accident that occurred in the vicinity of the Gyeongsung-gun, Seosung-gun, Gangwon-do Crossing-do (hereinafter “instant accident”) around 11:05 on the same day while driving his/her own vehicle after leaving his/her office at his/her own home in Seoul.
C. The Plaintiff filed a claim against the Defendant for the payment of survivors’ benefits and funeral expenses on the ground that the instant accident constitutes occupational accidents. However, on January 28, 2015, the Defendant rendered a disposition of survivors’ benefits and funeral funeral site pay, and the Defendant issued a disposition of the survivors’ benefits and funeral site pay once again on October 29, 2015 (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s return from the Plaintiff’s place of residence near the site of the deceased’s work to and from his home located in Yongsan in Seoul, who had the deceased’s family. The deceased’s working hours from 05:0 to 19:00. The work site of this case was impossible for the deceased to commute to and from work at the site of the tunnel construction site because it was difficult for the deceased to use his means of public transportation at a time and place of time.
Therefore, it cannot be deemed that the method of commuting to and from work was reserved to an employee, and there is a direct and close internal relationship between the instant accident and the work that occurred during the leaving of work. Therefore, the instant accident constitutes occupational accidents.
(b) The terms used in this Act under the related Acts and subordinate statutes shall be defined as follows: