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(영문) 서울행정법원 2018.06.08 2017구합84433

유족급여및장의비부지급처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The network B (Cre; hereinafter “the network”) is a person who has worked as a guard for the security management team of D Co., Ltd. (hereinafter “instant company”).

B. On November 30, 2016, the Deceased attended the meeting of the division of the company security management team of this case on or around 16:00. The Plaintiff, the deceased’s spouse of the deceased, was called by the police officer of the Taesung Sasung Police Station, who was in the same day at around 19:40 on the same day, that “the deceased was under the influence of alcohol while on board a taxi.” The deceased was sent to the deceased’s home address at the end of the delivery of his home address by the Plaintiff, and the above taxi engineer was able to take the deceased’s home.

C. After having arrived at the house, the Deceased discovered on December 1, 2016 that on the following day, the Deceased was in a state without consciousness and reported at 119.

The Deceased was sent to an emergency room of the 119 Emergency Medical Service via the 119 Emergency Medical Service, but at the time of the arrival of the emergency room, the Deceased had not been pulmon and beerbling at the time of the arrival of the emergency room, and was diagnosed as a death without recovering from cardiopulmonary resuscitation.

According to the deceased's body autopsy report, the direct death is "assumptive by the closure of a flag."

The Plaintiff asserted that the death of the Deceased constitutes occupational accidents, and claimed the payment of survivors’ benefits and funeral expenses.

The defendant confirmed on April 19, 2017 that the deceased was present on November 30, 2016 at the first ceremony, which was held under the supervision of the business owner. However, the second ceremony that was held in a singing room cannot be seen as an official one. According to the statements of the club workers, if the deceased was a usual ceremony or the first ceremony on November 30, 2016, the deceased did not have any employees who forced drinking to the deceased and his employees, and they enjoy drinking on their own by themselves. The place where the deceased died in a qualitative manner by the Guto, was not caused by a usual ceremony or a second ceremony, but by a meeting at the private domain of the deceased.