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. B Co., Ltd. (hereinafter “B”) is a company engaged in the distribution of food materials and wholesale and retail business.
C On February 19, 2013, while carrying food materials on D cars owned by B and driving them, C died after about 1:30 minutes from 8:0 am and 30 minutes from 8:0 am, while driving them.
(hereinafter referred to as “in person”) C. b.
In January 2014, the Plaintiff, as the husband of the deceased, claimed the Defendant to pay the bereaved family benefits and funeral expenses according to the Industrial Accident Compensation Insurance Act in relation to the death of the deceased.
On March 21, 2014, the Defendant notified the Plaintiff of the decision that the bereaved family benefits and funeral expenses will not be paid on the ground that “the deceased only appears as the representative of B, but is not a worker.”
(hereinafter referred to as “instant disposition”). [This case’s disposition ] without dispute; Gap evidence Nos. 3, 4; Eul evidence Nos. 1, 2, 3, 4, 7, 8, and 11; Gap evidence No. 2; the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. All shares issued by the Plaintiff’s assertion B are owned by E, and all taxes, such as corporate tax, have been borne by E.
Since the death of a deceased person, E was registered as an internal director who is the representative of B, and on April 30, 2013, E was the representative at the time of the closure of B.
In addition, the insurance contract for the car driven by the deceased at the time of the traffic accident was also concluded E.
In full view of these points, B’s actual representative is E. On December 23, 2010, the Appellant joined B as the office chief managing the place of business on December 23, 2010 and performed his duties under the direction and supervision of E, from the time of being employed to the time of the death of the traffic accident.
If so, the deceased person should be deemed to be a worker B, and thus, the disposition rejecting the payment of survivors' benefits and funeral expenses is unlawful on the ground that the deceased person is not a worker.
(b) Determination Party A’s evidence Nos. 6, 8, 9, and 11, and Party A.