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(영문) 대구지방법원 2018.11.23 2018구단10564

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 Plaintiff’s spouse B (hereinafter “the deceased”) was affiliated with C Co., Ltd. around 2002, and was issued as the head office of the pertinent company as of October 1, 2017 while working at the head office.

B. From October 20, 2017 to October 18:30, the Deceased attended the meeting ceremony (hereinafter “instant meeting ceremony”) with the head of D (director registered in the register) and the team E, F, and G, the team cause of the deceased. On the following day, the deceased was missing while driving his/her vehicle while returning to the meeting ceremony at around 03:00. On October 24, 2017, the deceased was found to have been missing from the scopic body under the scopic bridge located in the scopic bridge located in the scopic seat of the Daegu-si, Daegu-si, the Y-si, the scopic body was found to have been changed from the Nakdong River.

C. On January 30, 2018, the Plaintiff filed a claim against the Defendant for the payment of survivors’ benefits and funeral expenses. On March 27, 2018, the Defendant rendered a disposition of survivors’ benefits and funeral funeral expenses (hereinafter “instant disposition”) against the Plaintiff on the ground that “The deceased’s death is not an occupational accident because a criminal act, such as drunk driving and retaliation driving, which was promoted due to the deceased’s personal sentiment, is directly related to the deceased’s death.”

[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. In full view of the facts that the Plaintiff’s assertion was held by D directors of the head office, who is a company’s field manager, under the name, such as curtailment of promotion of the deceased, in line with the regular meeting days at the meeting of the achievement point, and that the revolving cost was paid up to 4ths within the scope of the corporate card one-time settlement limit, D up to 4ths of the revolving a revolving manager, and that the revolving manager D and E had returned to the place of achievement with the vehicle for business after the revolving, the deceased died while returning to Korea using the vehicle for the accusation work owned by the company, and that the blood alcohol content of the deceased was 0.22% at the time of the discovery, the revolving was carried out under the control and management of the business owner.