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 July 30, 2014, the Plaintiff’s husband B (hereinafter “the deceased”) concluded a labor contract with the East Sea Branch Co., Ltd. (hereinafter “instant company”) and performed the electrical aid work.
B. On January 22, 2015, the Deceased died on January 24, 2015 due to a traffic accident that occurred while driving his/her own vehicle directly and working at work (hereinafter “instant accident”).
C. On February 16, 2015, the Plaintiff filed a claim with the Defendant for the payment of survivors’ benefits and funeral expenses on the ground that the instant accident constitutes an occupational accident. However, on March 27, 2015, the Defendant rendered a decision to pay survivors’ benefits and funeral expenses on the ground that the instant accident does not constitute an accident under the control and management of the business owner.
(hereinafter “Disposition in this case”). [Grounds for recognition] The fact that there is no dispute, entry of Gap’s evidence Nos. 1 through 4, and 6, and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The deceased asserted that he worked more than one hour prior to the working hours under the labor contract according to the instruction of the company of this case, and when using public transportation, the deceased was unable to get out of the fixed working hours, and thus, he had no choice to get out of his workplace using his own car.
Therefore, the instant accident constitutes occupational accident as it occurred while working at a passenger car in a situation where it is not possible to choose a method of commuting, and thus, the instant disposition should be revoked as unlawful.
B. 1) On July 30, 2014, the Deceased concluded a labor contract with the instant company, which is the business owner, and the Deceased’s work site is located at the 1st 260 construction site in the East Sea, with the working hours from 09:0 to 18:00, and the employer orders overtime work, the Deceased is required to pay overtime work allowance in addition to overtime work allowance. 2) The Deceased’s own car on the day of the instant accident.