유족급여및장의비부지급처분취소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Details of the disposition;
A. C From January 22, 2018, a swimming pool operated by the Seongdong-gu Seoul Metropolitan Government Urban Management Corporation (hereinafter “instant Corporation”) (hereinafter “instant swimming pool”) (hereinafter “instant swimming pool”) is a swimming instructor who has performed the swimming course and the safety guard duty.
B. When C was unable to perform the above duties due to family travel relationship, the network E (hereinafter “the network”) performed the above duties as a replacement instructor of C during this period from January 29, 2018 to the 30th day of the same month.
C. On January 30, 2018, around 21:42, 2018, the Deceased was found to be locked in water, and was transferred to a nearby hospital and was treated at around 15:20 the following day.
The cause of death in the deceased’s death report is a multi-purpose part due to the following water.
The Plaintiffs, the parents of the Deceased, filed a claim for the payment of bereaved family benefits and funeral expenses with the Defendant, claiming that “The instant Corporation directly employed the Deceased as a part-time occupational lecturer, and that the deceased’s death was caused during the course of performing his/her duties.”
On October 15, 2018, the Defendant rendered a disposition of bereaved family’s benefits and funeral site expenses (hereinafter “instant disposition”) on the ground that “it is difficult to deem that the instant construction corporation directly employed the deceased as a swimming instructor.”
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 3, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The work hours and work places of the Plaintiffs asserted were also designated, the Plaintiff was supervised in the course of performing the work by the instant Corporation, regardless of the number of teaching staff, and the risk of generating profit and loss of the training course by receiving certain wages regardless of the number of teaching staff.