유족급여및장의비부지급처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On November 11, 2014, the Plaintiff’s spouse B (hereinafter “the deceased”) went to the site on two working persons (C) for the attachment work at the site of the construction site of a punishment industry company (hereinafter “instant painting work”).
B. The Deceased was found to have been injured in a place other than a factory operation, which is a working place (hereinafter “the instant disaster”), and was sent to a medical institution by 119 first aid units, but died from cardiopulmonary death on November 20, 2014, which is a direct death, an intermediary event, brain liver, and cerebrovascular.
C. Accordingly, the Plaintiff recognized the deceased’s death as an occupational accident and claimed the bereaved family’s benefits and funeral expenses to the Defendant. However, on July 22, 2015, the Defendant rendered the instant disposition to pay the bereaved family’s benefits and funeral expenses on the ground that the instant accident cannot be found to have a proximate causal relation with the work, such as the absence of witness, and that the deceased cannot be deemed a subcontractor as an employee under the Labor Standards Act.
Although the Plaintiff filed a request for review, the review was dismissed, and the review was also dismissed on April 29, 2016.
【Facts without dispute over the grounds for recognition, Gap 1, Eul 1 and 4, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion at the work site that the materials (ested) prepared by E, a work leader, etc. had already been provided, the Deceased was put into work per day; the Deceased was ordered to work under F’s direction; the Deceased, upon receipt of F’s work instructions, considered two factories and two employees; the Deceased, in light of the quantity of work agreement between F and F, two employees are sent to the workplace; there was no specific contract between F and F; however, there was no regular daily contract between E and the Deceased; and there was a lot of small transaction between E and the Deceased.