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(영문) 서울행정법원 2015.10.22 2015구합56373

유족급여및장의비부지급처분취소

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. At around 11:30 on September 27, 2014, the net B died of the dried-gun as the high-tension line was dried, when the cream was laid up near D forest located in Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, as the head of the materials of the car.

B. On February 6, 2015, the Plaintiff, a wife of the Deceased, claimed for bereaved family benefits and funeral expenses against the Defendant, but the Defendant rendered a disposition of bereaved family benefits and funeral funeral expenses against the Plaintiff on the ground that the Deceased does not constitute a worker under the Labor Standards Act.

[Ground of recognition] Facts without dispute, Gap evidence No. 8, Eul evidence No. 2, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the deceased entered into a daily employment contract with E Farming Cooperatives to receive a fixed daily allowance, and followed the standard, and thus, the status of workers is recognized. However, the Defendant’s disposition of this case on a different premise is unlawful.

B. (i) E Agricultural Partnership was established on August 4, 2014, and the representative director is G, H, I, and the auditor.

At the time, F, G, H, and K, including the Deceased, established the above corporation under the lead of F, G, H, and K, and the Deceased was not registered as a director due to his failure to submit his seal imprint, and was planned to be registered as a director in the future.

on August 28, 2014, the representative director F of the Doll E Farming Cooperative entered into a contract with the Gangwon University to collect and deliver the standard 15 Gama (1200 kg) by November 30, 2014.

On September 5, 2014, the insured entered into an ordinary accident insurance contract with the Eastern Fire, and the insured entered into an agreement between F, G, K and the deceased, and the insurance period from September 6, 2014 to November 30, 2014.

and F, G, H, K, and the Deceased employed the Daehan as the standard of KRW 10 to 120,000 per day, and operate the E Farming Association in the form of joint distribution according to the number of attendance days after deducting the wages of the father and the common expenses from the standard sale price.

(v) the applicant;

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