유족급여및장의비부지급처분취소
1. The disposition that the Defendant rendered to the Plaintiff on May 23, 2013 as bereaved family benefits and funeral site pay shall be revoked.
2. The costs of lawsuit shall be.
1. Details of the disposition;
A. On April 24, 2013, when the Plaintiff’s husband was working in Nonparty C (hereinafter “non-party business place”), the Plaintiff died due to a fire that occurred while performing the replacement work of the water cycle pumps installed at the 8m underground of the D company (hereinafter “instant construction work”), around April 24, 2013.
B. On May 6, 2013, the Plaintiff filed a claim for survivors’ benefits and funeral expenses with the Defendant, but the Defendant did not hold a construction business license, and rendered a disposition on May 23, 2013, on the ground that the Plaintiff was not a business subject to application under the Industrial Accident Compensation Insurance Act on the ground that the Nonparty’s business falls under a business place with less than KRW 20 million and was not a business place subject to application under the Industrial Accident Compensation Insurance Act (hereinafter “instant disposition”).
C. The Plaintiff filed a request for review against the instant disposition with the Defendant, but received a decision of dismissal on April 1, 2014.
[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 2 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion that E (the Plaintiff died with B at the time of the instant fire accident) and D Company entered into a contract with the amount of KRW 21 million for the instant construction work (hereinafter “the instant construction work price”). Since the said construction work price is not included in value-added tax, the instant construction work constitutes a business place with the total construction price of KRW 20 million or more, and thus, the instant construction work is also subject to the Industrial Accident Compensation Insurance Act, and the instant disposition prior to the instant case should be revoked on a different premise.
B. On April 16, 2013, F, a business owner of a DD company, entered into a contract with E, the actual business owner of the non-party’s place of business, with the construction cost of KRW 21 million, and entered into a contract with E, the value-added tax.