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(영문) 서울고등법원 2017.08.24 2017누41537

유족급여및장의비부지급처분취소

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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.

Reasons

The reasons why the court, which cited the judgment of the court of first instance, stated in this case, are the same as the part of the reasons for the judgment of the court of first instance, except for adding the following contents to the 6th 18th th th st son of the judgment of the court of first instance. Thus, this is cited in accordance with Article 8(2) of the Administrative Litigation Act,

The Plaintiff asserted that “The duties of the deceased on the day of the instant case include not only the transport of ready-mixeds using the instant vehicle, but also the installation of concrete typology and packing with the human parts with concrete typology and packing construction technology, and thus, it was planned to provide labor under the direction and supervision of the user.” However, even according to the statement of the deceased and I, the deceased, who is the Plaintiff, was engaged in farming at ordinary times, and there is no material to regard the deceased as having techniques for concrete typology and packing, so it cannot be deemed that the deceased was scheduled to perform concrete typology and packing construction along with other human parts on the day of the instant case. In addition, in order to carry out transportation work using the instant vehicle, it is difficult to view that the Plaintiff was under considerable direction and supervision on the work performed by the work executor to cooperate with the work executor.” Thus, the judgment of the first instance court is justifiable, and thus, the Plaintiff’s appeal is dismissed as it is without merit.