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A. B (hereinafter referred to as “the deceased”) is a person working at the E workplace operated by the Plaintiff within the factory located in Jincheon-gun, Jincheon-gun, Inc. (hereinafter “D”) from May 2017 to July 3, 2018, and the Plaintiff is the deceased’s father.

B. On July 3, 2018, around 15:50 on July 3, 2018, the Deceased means that a chain device that restricts access to a dangerous area in D plant is cut off to be melted by mother materials in a condition where the chain device is released.

기계를 이용하여 H빔의 개선가공 작업을 진행하던 중, 위 기계의 작동상황을 살펴보기 위해 접근하였다가 기계의 외부 프레임과 툴고정대 사이에 머리 및 상체가 협착(狹窄)되는 사고(이하 ‘이 사건 사고’라 한다)를 당하였고, 인근 F병원으로 후송되었으나 같은 날 16:28경 호흡부전으로 사망하였다.

C. On July 11, 2018, the Plaintiff submitted a report on the establishment of the employment industrial accident compensation insurance relationship to the Defendant by stating the deceased as an employee E, but the Defendant sent a reply to the effect that the deceased, who is a relative living together with the Plaintiff, cannot be deemed an employee, excluded from the subject of the industrial

Accordingly, on November 23, 2018, the Plaintiff asserted that “E is only a contract relationship with D, and the deceased was under considerable direction and supervision from D and provided labor, so the deceased constitutes a worker affiliated with D,” and filed a claim against the Defendant for the payment of survivors’ benefits and funeral expenses for the death caused by an occupational accident of the deceased.

E. On March 27, 2019, the Defendant: (a) examined the Plaintiff’s and D’s respective opinions, and on the following grounds, on the ground that “E performed by the deceased falls under a workplace exempt from employment industrial accident compensation insurance; and (b) the deceased’s claim for the payment of survivors’ benefits and funeral expenses is difficult to be deemed a worker belonging to D; and (c) rendered the instant disposition (hereinafter “instant disposition”).