유족보상일시금 및 장의비 부지급 취소청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is the spouse of the deceased B (hereinafter “the deceased”). From September 2, 2013 to September 4, 2015, the deceased served in the Wancheon-si Logistics Team of D, Inc. (hereinafter “the above company and its branch offices,” “the instant company,” and “the instant branch offices”).
B. After completing the work on September 4, 2015, the Deceased was killed as a traffic accident (hereinafter “instant accident”) while crossing a restaurant, which is a wedding place, at around 20:38 on the same day, for returning home, after attending the entire ceremony under the supervision of the head of the Macheon Branch Factory of the instant company (hereinafter “instant ceremony”).
C. The Plaintiff filed a claim for the payment of survivors’ benefits and funeral expenses as the deceased’s death constituted occupational accidents. However, on January 18, 2016, the Defendant rendered a disposition of survivors’ benefits and funeral funeral expenses (hereinafter “instant disposition”) on the ground that “Although the deceased was present at the instant ceremony, an event held by the deceased after completing his/her duties, the traffic accident was an accident during the event under the Industrial Accident Compensation Insurance Act, which was an accident that occurred in his/her home outside of the venue of the event, and constitutes an accident outside of his/her duties due to an accident that occurred during his/her retirement after the exercise is completed.”
On April 15, 2016, the Plaintiff appealed and filed a request for an examination under the Industrial Accident Compensation Insurance Act with the Defendant, but was dismissed on June 16, 2016.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion that the instant accident took charge of the instant hall for the entire employees, and that the deceased died of the instant accident is due to the fact that the instant hall was overbrupted. As such, the instant accident constitutes an occupational accident having proximate causal relation with the deceased’s work.
Therefore, the instant disposition made by the Defendant on a different premise is taken.