유족급여및장의비부지급처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Details of the disposition;
A. On June 8, 2013, the Plaintiff’s spouse B (C) was employed and worked at the scene of the project for the removal of rooftops and for the repair of outside visitors (hereinafter “instant construction”) in the Nam-gu EF child care center located in Nam-gu (hereinafter “instant child care center”). At around 16:40 of the same day, the Plaintiff’s spouse was found to have caused garbage as a toilet while cleaning on the rooftop of the instant child care center at around 16:50 of the same day, and was found to have been used as a cleaning agent. On the same day, at around 16:59 of the same day, the Plaintiff’s spouse was discovered to have been brupted from the stairs of the second floor, and was transported to the brush hospital via the 119 first-aid vehicle, but died at around 17:25 of the same day.
B. On July 8, 2013, the Plaintiff (hereinafter referred to as “the deceased”) against the Defendant.
(ii) claims for survivors’ benefits and funeral expenses on the ground that the death constitutes occupational accidents.
C. On November 21, 2013, the Defendant is the Industrial Accident Compensation Insurance Act (hereinafter referred to as the “Act”) with respect to the Plaintiff on the construction of less than KRW 20 million of the total construction cost executed by a person who is not a constructor.
) On the ground that the deceased’s cause of death is not a business subject to the application, the bereaved family’s benefits and funeral site pay disposition (hereinafter “instant disposition”) was made on the ground that it does not have a proximate causal relation with the deceased’s work as a “unexistent cause.”
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 2, 6, 7, and 15, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) The instant construction works are part of the remodeling construction works contracted by F Child Care Centers from January 2, 2013 to August 19, 2013, and the total construction amount exceeds KRW 20 million, and thus, it is unlawful to deem that the Defendant recognized the total construction amount to be less than KRW 20 million and excluded from the application thereof as a place of business. 2) The Deceased cited garbage on the rooftop of the instant child care center, which is the site of the instant construction, as at the time of death.