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(영문) 대법원 2015.04.23 2014두46218

유족급여 및 장의비 부지급 처분취소 청구의 소

Text

The judgment below is reversed and the case is remanded to Seoul High Court.

Reasons

The grounds of appeal are examined.

1. Where a worker suffers from an accident while using a facility managed by the employer after the end of his/her business hours or while performing a certain act in such facility, the process of such act is deemed to be under the control and management of the employer, such as where the worker's act is an act of performing his/her original duties, preparing for or arranging his/her duties, an act which is deemed to be an act incidental to social norms, or an act which is deemed to be a physiological act incidental to him/her, an act conducted in an event held under the direction or hosting of the employer, rules of employment, collective agreement, or other customary practices, or where it can be deemed that the worker suffers from an accident due to a defect in such

(2) On August 23, 1996, the court below acknowledged the deceased's death of the fire of this case caused by the fire of this case, which occurred on the day after the death of the deceased (hereinafter "non-party company"), based on the adopted evidence. (3) The non-party company was a facility owned by the non-party company and provided for long-range workers, and paid public dues to the non-party company. (3) The non-party company was living together with five workers assigned by the non-party company at the time of the occurrence of the fire of this case, and the non-party company was making regular cleaning. (4) The non-party company was working at the non-party company's office as a private space after the non-party company's temporary retirement, such as the non-party company's access to other workers. (4) The non-party company was working at the non-party company's office as a facility for long-distance workers.