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(영문) 수원지방법원 2016.06.22 2015구단32692

행정처분변경청구

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. On June 18, 2012, Non-party B (hereinafter “the deceased”) was discovered and sent to the hospital as a result of being addicted to the U.S. carbon poisoning addiction caused by air conditioners in his/her vehicle located in the 7th floor of Sungnam-si, Sungnam-si (hereinafter “instant commercial building”) around 12:56, while working as a security guard for the No.S. Co., Ltd., Ltd. (hereinafter “S.”), a security company (hereinafter “S.”), and died of his/her death at the heart closure around 17:25 on July 8, 2012.

B. On August 20, 2012, the Plaintiff, the deceased’s spouse, claimed for the payment of bereaved family benefits and funeral expenses to the Defendant, and the Defendant, on the ground that the deceased cannot be deemed an employee under the Labor Standards Act, and that the instant accident was an accident that occurred during private activities.

As a result, the plaintiff won the case after filing an administrative litigation, the defendant recognized the death of the deceased as an occupational accident on May 6, 2015, and calculated the average wage of the deceased, which serves as the basis for paying bereaved family benefits and funeral expenses, as KRW 80,000 per day less than the plaintiff's assertion, and decided to pay bereaved family benefits and funeral expenses.

(hereinafter “instant disposition”). C.

The Plaintiff, who is dissatisfied with the above disposition, filed the instant lawsuit within the filing period.

[Ground of recognition] No dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 4 and 5, the whole purport of the pleading

2. Whether the instant disposition is lawful

A. Although the Plaintiff’s assertion was employed by the Nonparty Company as the head of the security service team to guard the instant commercial building, and was paid KRW 170,000 per day, the disposition of this case calculated by calculating the average daily wage of the deceased as KRW 80,000 shall be revoked as it is unlawful.

(b) The attached Form of relevant statutes is as follows.

C. In addition to the evidence revealed earlier, the following facts or circumstances are acknowledged by the respective descriptions of the evidence Nos. 1 through 3 and 8 (including each number), and the witness D’s testimony and pleading as a whole.

참조조문