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(영문) 서울행정법원 2020.01.09 2018구합51812 (1)
유족급여 및 장의비 부지급처분취소
Text

1. The disposition that the Defendant rendered to the Plaintiffs on January 12, 2018 on the bereaved family’s benefits and funeral expenses shall be revoked.

2...

Reasons

Details of the disposition

On June 9, 2014, the deceased C (hereinafter “the deceased”) is a person who joined the company E (hereinafter “instant company”) and worked in the above company factory in Ansan-si F (hereinafter “instant factory”).

The plaintiffs are children of the deceased.

At around 08:40 on March 25, 2017, the deceased operated the spke vehicle to the factory of this case at the residence located in Ansan-si G in Ansan-si, Annsan-si, and around 08:44 on the same day, the spke distance was passed by the Seowon-si, 248 on the same day.

The Deceased, while driving at the speed of 108 km a two-lane prior to the foregoing shooting distance, was viewed to change the lane into a one-lane for a sudden driving.

Accordingly, the Deceased, who was trying to avoid this, franchising the central line, franchising the front part of the wing wing Franchising vehicle, and wing the front part of the wing Franchising vehicle.

(hereinafter “the instant accident”). The Deceased immediately moved to a H hospital, but was killed without birth at around 09:29 on the same day.

Although the Plaintiffs claimed for the payment of bereaved family benefits and funeral expenses to the Defendant, the Defendant rendered a disposition to refuse the payment of bereaved family benefits and funeral expenses (hereinafter “instant disposition”) to the Plaintiffs on the ground that it cannot be deemed an accident that occurred while commuting to and from work under the control and management of the business owner on January 12, 2018, by using the means of transportation provided by the business owner or any equivalent means of transportation, etc.

[Ground of recognition] A without dispute, Gap evidence Nos. 1, 3, 4, and 8, Eul evidence Nos. 1, and Eul evidence Nos. 1, the entire purport of the instant disposition, and the amendment history of the Act and subordinate statutes related to the legitimacy of the instant disposition, Article 37(1)1 (c) of the former Industrial Accident Compensation Insurance Act (amended by Act No. 14933, Oct. 24, 2017; hereinafter the same) provides a means of transport provided by the business owner.

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