beta
(영문) 서울고등법원 2016.01.29 2015누46279

유족급여및장의비부지급처분취소

Text

The judgment of the first instance shall be revoked.

The Industrial Accident Compensation Insurance Act (the "Industrial Accident Compensation Insurance Act") against the plaintiff as of October 20, 2014.

Reasons

1. The summary of the case and the facts premised on the case

A. The summary of the case pertains to the Plaintiff’s claim for the payment of survivors’ benefits and funeral expenses against the Defendant based on the Industrial Accident Compensation Insurance Act, but the Plaintiff sought revocation of the decision that did not pay survivors’ benefits and funeral expenses on the ground that E cannot be deemed as having provided labor to C for the purpose of wage, by asserting that the Plaintiff’s husband, who is the husband of the Plaintiff, was employed as a daily worker C (B representative) and died due to the occurrence of an accident in which the amount of a stable price

The first instance judgment dismissed the Plaintiff’s claim on the ground that E cannot be deemed to have provided labor for the purpose of wages in a subordinate relationship under which E was directed and supervised by C, and the Plaintiff appealed against this.

[Attachment of the relevant Acts and subordinate statutes]

B. The premise factual basis 【Evidence” 1 to 10 and the purport of the entire pleadings (i.e., party E (F) from June 17, 2014 to the construction site of a D golf course executed by the public interest in the Dispute Settlement Bank Co., Ltd., with C, who had been performing the construction work by re-managing the stones of access roads to the golf course at the construction site of a golf course executed by the Dispute Settlement Bank Co., Ltd., and the Plaintiff completed the marriage report with E and had his livelihood with E until E dies.

The death of Sheet E was transferred to the hospital by suffering injuries, such as a crym crym crym crym crym crym frym frym frym frym frym frym frym frym frym frym frym frym frym frym frym frym frym frym frym frym frym frym frym frym frym frym frym frym frym

On July 25, 2014, the Plaintiff sent the funeral of E.

Applicant on August 20, 2014, on the ground that on August 20, 2014, the Plaintiff died while E was performing a construction work for piling up stones as a worker in the status of E.