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(영문) 서울행정법원 2018.10.26 2018구합62133
유족급여및장의비부지급처분취소
Text

1. On December 5, 2016, the disposition that the Defendant rendered to the Plaintiff on December 5, 2016 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 is registered with the trade name of “C” from July 1, 2010, and according to the business registration certificate (Evidence No. 9) with the name of “C,” the address of the business place is “Ycheon-si, Chungcheongnam-si, Chungcheongbuk-si,” and the name of the representative B is indicated as “C, Chungcheongnam-si, Chungcheong-si, Chungcheongnam-si, Chungcheong-si.”

However, according to the “business owner’s answer” (Evidence 10) as to B prepared by the public official in charge of the Defendant, B refers to the location of the “YYYYD” and its address as the location of the C’s workplace and its address.

It is a person who has been engaged in the manufacturing industry of clothing and miscellaneous goods.

(B) The business of this case: (a) the business of this case is operated by the said C; and (b) the network G (H students; hereinafter “the network”) registered its business with the trade name “C” on April 19, 2013; (b) the type of business is “manufacturing business” according to the above business registration certificate; (c) the type of business is “small president”; and (d) the place of business is “Ycheon-si, Chungcheongnam-si.”

B. From February 2013, the Plaintiff, the deceased and the deceased’s spouse, performed the singing operations, etc. on the school uniforms produced and supplied by the instant workplace in the workplace located in the Chungcheongbuk-si D.

On June 20, 2014, the Deceased complained of a forum in the above workplace after he/she finished a plenary session. Ultimately, he/she lost his/her consciousness and was escorted to a nearby hospital near the 119 emergency medical service route. However, on July 10, 2014, the Deceased died around 18:11.

A direct deathist in the deceased’s death report is a prop-free blood.

C. The Plaintiff asserted that “the deceased is an employee of the instant business, and the deceased’s death constitutes an occupational accident” and claimed the payment of survivors’ benefits and funeral expenses to the Defendant.

According to the results of deliberation by the Daejeon Occupational Disease Determination Committee on December 5, 2016, the Defendant’s work hours per share of 67 hours per week prior to the occurrence of the Deceased.

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