Litigation costs shall be borne by the plaintiff.

A. On June 1, 2013, Non-party B (hereinafter “the deceased”) was employed by, and worked for, the luminous industry development limited company (hereinafter “non-party B”) located in Yongnam-gun, Youngnam-ro 328 (hereinafter “non-party B”) as a person in charge of C on December 13, 2014, and completed the work at around 11:5 am and died after being transported to the hospital due to a traffic accident on the way that he was going to a neighboring restaurant in order to carry out an occupation-building.

B. On January 27, 2015, the Plaintiff, the mother of the Deceased, asserted that he died due to an occupational reason and claimed the Defendant to pay survivors’ benefits and funeral expenses under the Industrial Accident Compensation Insurance Act.

C. On February 26, 2015, the Defendant rendered the instant disposition rejecting the payment of survivors’ benefits and funeral expenses to the Plaintiff on the ground that “the deceased died of an accident that occurred in the course of moving to an external restaurant by using one’s own vehicle for occupation, which is difficult to be recognized as an occupational accident beyond the control and management of the business owner.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. Since the plaintiff's assertion that the non-party company did not have a cafeteria, the deceased was killed from the access road managed by the company while moving to an external restaurant by using one's own vehicle for the purpose of performing an occupation-building.

This is an accident under the control and management of the employer during recess hours.

The defendant's disposition of this case on a different premise is unlawful.

B. (i) Since free action is permitted to an employee during recess, it cannot be said that an employee is under the control and management of the employer. Therefore, if an employee is injured while doing any act using a facility within the workplace during recess hours, it cannot be said that it is an occupational accident. On the other hand, an employee during recess hours.