1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. On May 22, 2016, the Plaintiff’s husband (CB, hereinafter “the deceased”) was killed due to multiple prolonged damage immediately after the death of the deceased, on the part of the Plaintiff’s husband, while he was engaged in watering at the site of the E Corporation (hereinafter “instant construction”) constructed in Gangwon-do D, Gangwon-do (hereinafter “instant construction”).

B. The Plaintiff asserted that the deceased’s death constitutes occupational accidents, and claimed for the payment of survivors’ benefits and funeral expenses to the Defendant. However, on July 19, 2016, the Defendant rendered a disposition of survivors’ benefits and funeral funeral expenses (hereinafter “instant disposition”) on the ground that the deceased’s death does not constitute workers under the Labor Standards Act.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the deceased was employed by the Construction Co., Ltd. (hereinafter “the instant company”) who subcontracted the instant construction work from the Southern Sea Construction Co., Ltd., and was engaged in the slaughter work. As such, the deceased’s death caused by the instant accident shall be deemed an occupational accident.

Therefore, the instant disposition is unlawful on a different premise.

(b) as shown in the attached Form of the relevant statutes;

C. According to relevant provisions and legal principles, where an employee dies due to an occupational reason, bereaved family’s benefits and funeral expenses are paid (Articles 62 and 71). Since an employee refers to an employee under the Labor Standards Act (Article 5 subparag. 2, and the Industrial Accident Compensation Insurance Act’s survivor’s benefits and funeral expenses are to be paid, the deceased should be an employee under the Labor Standards Act at the time of the accident.

On the other hand, in judging whether a worker is a worker under the Labor Standards Act, the contract.