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(영문) 청주지방법원 2019.11.21 2018구합3023
유족연금 및 장의비부지급처분 취소
Text

1. The disposition that the Defendant rendered to the Plaintiff on June 20, 2018 as bereaved family benefits and funeral site wages shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. B (hereinafter “the deceased”) is a person working for C Co., Ltd. (hereinafter “instant company”) from January 2, 2013 to November 10, 2017, and the Plaintiff is the deceased’s spouse.

B. On November 10, 2017, the Deceased was stopping in the E intersection (hereinafter “the instant accident site”) at the time of Chungcheongju, while driving his/her D vehicle (hereinafter “the network’s vehicle”) and working in the instant company on November 10, 2017.

On the other hand, in the situation where F set up a G 25 tons truck, which he operated, without any safety measures, by putting it in the vicinity of the instant accident site, the said truck was released from the starting and moving to the location of the instant accident, and there was an accident where the said truck was in motion and stopped as above (hereinafter “the instant accident”), and the Deceased died at the instant accident site.

Pursuant to the relevant statutes, accidents on or before the enforcement date of the Industrial Accident Compensation Insurance Act (amended on January 1, 2018), are recognized as occupational accidents only when the business owner caused accidents while using the means of transportation or other means that can be deemed to have been provided for commuting by the business owner, and the management or use right of the means of transportation used for commuting does not fall under the exclusive authority of the employees. As a result of the comprehensive review of the relevant data on whether such accidents constitute occupational accidents, it is difficult to view that the accidents occurred while the business owner was using the means of transportation or other means of transportation provided by the business owner, other than those corresponding thereto, and that the choice of the route was reserved to the deceased and under the control and management of the business owner.

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