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(영문) 서울고등법원 2016.01.22 2015누63434

유족급여및장의비부지급처분취소

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All appeals by the plaintiffs are dismissed.

The costs of appeal are assessed against the plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The summary of the case and the facts premised on the case

A. The summary of the instant case pertains to a case involving: (a) the Plaintiff A, C, and Plaintiff B, who was the parent of G, claimed bereaved family benefits and funeral expenses based on the Industrial Accident Compensation Insurance Act; (b) the bereaved family benefits and funeral expenses; (c) the bereaved family benefits and funeral expenses are sought for the revocation of the determination of the site classification of the bereaved family benefits and funeral expenses, upon receiving a decision that the said payment should not be made.

The judgment of the first instance dismissed all the plaintiffs' claims on the ground that the workplace does not fall under one or more regular employees, and the plaintiffs appealed against this.

[Attachment of the relevant Acts and subordinate statutes]

B. Under the premise, 【Evidence 1, 2, and 3, the purport of the entire arguments and (i) Party G (J) is the student in the second grade of high school who died while delivering kin to a secondary business (LL). Plaintiff A and C are the parents of G, and Plaintiff B are the remaining parents of G.

⑵ G의 교통사고로 인한 사망 ㈎ G은 2014. 5. 1.부터 인천 부평구 E, 1층에 있는 ‘F’에서 부업으로 근무하다가 2014. 6. 3. 23:25 무렵 치킨을 배달하기 위해 오토바이(H)를 운전하여 인천 부평구 I 진입로 부근을 진행하던 중 중앙선을 침범하면서 반대쪽에서 마주오던 개인택시를 들이받고 넘어지면서 두개골골절 등의 상해를 입고 그로 말미암아 2014. 5. 2. 00:03 무렵 뇌출혈 등으로 사망하게 되었다.

Fidelityly, the Plaintiffs filed a claim for the payment of survivors’ benefits and funeral expenses based on the Industrial Accident Compensation Insurance Act on the ground that the death caused by an accident in the course of off-to-land driving G constitutes occupational accidents.

However, the defendant, as of October 21, 2014, falls under the number of regular workers at the place of business where G is employed as of October 21, 2014 as follows, and less than one person.