1. The determination of bereaved family benefits and funeral expenses rendered by the Defendant to the Plaintiff on April 10, 2019 shall be revoked.

2...

1. Details of the disposition;

A. B was an enterprise that provides consulting on certification work, such as the maintenance and management of the research institute of a company, and succeeded to the existing project by establishing a corporation C, a stock company, on August 6, 2018, among the individuals registered and operated on January 7, 2015.

The network D (EE; hereinafter referred to as "the network") has been in charge of business affairs in B from October 1, 2017 to August 6, 2018, and worked in C after August 6, 2018.

(hereinafter referred to as “instant company”) B and C collectively

On October 11, 2018, the Deceased was going through a business trip on the Obaba, and around 12:45, 2018, the National Highway No. 28 in front of the Gibado, 613-2, in the Gibari-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri (hereinafter “the instant accident”) was caused by a traffic accident that conflicts with the other party’s vehicle (hereinafter “the other party’s vehicle”).

The Deceased died at the site due to severe cerebral damage (presumed) caused by the instant accident.

C. On October 15, 2018, the Plaintiff, the deceased’s spouse, requested the Defendant to pay bereaved family benefits and funeral expenses, but the Defendant, on the ground that “the deceased does not constitute a worker under the Labor Standards Act, and the act of aggressioning the center line of the deceased, which caused the instant accident, constitutes a criminal act under Article 37(2) of the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”), and thus, there is no proximate causal relation between the deceased’s work and the disaster.” (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5 through 9, Eul evidence Nos. 4, 6 through 8, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1 Deceased prepared an employment contract, and received KRW 1 million of the basic salary, and the instant company manages the business trip schedule and the record of work.