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(영문) 광주지방법원 2018.05.17 2017구단11179

유족급여및장의비부지급처분취소

Text

1. On September 26, 2016, the Plaintiff stated in the complaint’s correction column as September 28, 2016, but this stated on September 26, 2016.

Reasons

1. Facts falling under any of the following subparagraphs as to the circumstances of the disposition may be acknowledged either in dispute between the parties or in combination with the purport of the whole pleadings in each entry in Gap evidence 1 to 5, Eul evidence 1 and evidence 2:

On May 17, 2016, the Plaintiff’s husband B (hereinafter referred to as “the deceased”) driven a car owned by the Plaintiff as the city bus driver belonging to the city bus (hereinafter referred to as “Tri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-

B. The Plaintiff asserted that the deceased’s death constitutes occupational accidents, and filed a claim for the payment of bereaved family’s compensation and funeral expenses under the Industrial Accident Compensation Insurance Act with the Defendant. On September 26, 2016, the Defendant rendered a disposition on the Plaintiff’s bereaved family’s benefits and funeral funeral expenses (hereinafter “instant disposition”) on the ground that the Plaintiff’s accident cannot be recognized as an “accident during commuting to and from work” under Article 37 of the Industrial Accident Compensation Insurance Act and Article 29 of the Enforcement Decree of the same Act, on the ground that the Plaintiff’s vehicle operated by the deceased was not a means for commuting to and from work provided to the employees belonging to the employer, but is exclusively managed or used for his own car.

C. The Plaintiff dissatisfied with this and filed a petition for review and reexamination, but received each decision of dismissal, and filed a principal suit on November 13, 2017.

2. Whether the disposition is lawful;

A. The plaintiff's assertion is obvious that the deceased cannot commute to and from work by means of public transportation or the commuting vehicle provided by the business owner and seems to have no other way to commute to and from work except by his own use. In light of the above, the deceased's assertion is on the day of the accident.