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(영문) 서울행정법원 2019.07.12 2018구합78411

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 deceased B (hereinafter “the deceased”) served in the C&A from April 15, 1996 to March 12, 2012, and had been employed as a regular manager in D Co., Ltd. (hereinafter “D”) on November 1, 2014 after retirement.

B. On December 21, 2015, at around 17:30 on December 21, 2015, the Deceased: (a) and (b) and at the International cafeteria located in Mana Songpa-gu, Songpa-gu, Seoul (hereinafter “E, etc.”); (c) moved to a nearby “J” station, and continued drinking.

(I restaurant hereinafter referred to as "the first meeting of this case" and "J" hereinafter referred to as "the second meeting of this case" and "the second meeting of this case" and "the second meeting of this case" collectively referred to as "the group of this case").

At around 21:00 on the same day, the Deceased completed the second meeting of the instant case, and the accident that took place from the second floor of “J” to the first floor was occurred.

(hereinafter referred to as “instant accident”) D.

The Deceased was sent to a nearby hospital and received treatment after receiving a diagnosis of light-of-the-counter transfusion, etc., but was eventually dead on December 24, 2015.

E. On February 13, 2018, the Plaintiff, the deceased’s spouse, claimed that the deceased’s death constituted occupational accidents and applied for the payment of survivors’ benefits and funeral expenses to the Defendant.

On July 3, 2018, the Defendant stated that the instant meeting is a private group in D, a business owner, and is a non-related group in relation to the company. In full view of the following: (a) the participants of the instant meeting appear to have voluntarily made excessive drinking; and (b) the costs of the instant secondary meeting are settled by E, the instant meeting is a private group in excess of the business owner’s control and management; and (c) the accident that occurred out of such private group is difficult to be recognized as an accident on duty.”