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. From January 1, 1994, the Plaintiff’s husband (hereinafter “the deceased”) began to serve in C Co., Ltd. (hereinafter “Nonindicted Company”). On November 1, 2010, the Plaintiff’s husband was issued as a foreign business team and was found to have been dead on July 14, 201, while working in D’D’s local corporation located in the Si of Vietnam-Nam Minh, the Plaintiff was issued as a foreign business team on November 9, 2010.
(Presumption of Suicide) b.
The Plaintiff asserted that the deceased’s death was an occupational accident and claimed for the payment of survivors’ benefits and funeral expenses to the Defendant. On May 2, 2012, the Defendant rendered a disposition to deem the deceased’s death as not an occupational accident and not paying survivors’ benefits and funeral expenses (hereinafter “instant disposition”) on the ground that “ insofar as the deceased’s death was not approved as a result of an application for insurance coverage pursuant to Article 122 of the Industrial Accident Compensation Insurance Act as the deceased dispatched overseas, the deceased’s death may be deemed to have occurred from the business excluded from industrial accident compensation insurance, and the deceased’s death cannot be deemed as a suicide in the state of mental disorder due to an occupational reason.”
C. The Plaintiff filed a petition for review with the Defendant seeking revocation of the instant disposition, but was dismissed on October 16, 2012, and filed a petition for further review with the Industrial Accident Compensation Insurance Reexamination Committee, but was dismissed on February 21, 2013.
[Based on the recognition] Evidence No. 1, Evidence No. 2-1, Evidence No. 2-2, Evidence No. 3, Evidence No. 1, 4, Evidence No. 6 and 7-1, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion that the deceased died while working in D located in the city of Vietnam. However, D is a local subsidiary established by the non-party company, and the deceased continues to establish the non-party company under the direction and supervision of the non-party company, and the owner of the non-party company’s business.