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(영문) 인천지방법원 2014.12.23 2014구단707
유족급여및장의비부지급처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff, as the spouse of Nonparty B (hereinafter “the deceased”), claimed the payment of survivors’ benefits and funeral expenses to the Defendant on March 24, 2014 on the ground that the deceased died due to an occupational accident.

B. On April 23, 2014, the Defendant rendered a decision on the bereaved family’s benefits and funeral expenses on the ground that the deceased’s death did not constitute occupational accidents because it is difficult to view it as an accident during the course of performing his duties or during his events.

(hereinafter referred to as “instant disposition”). C.

The Plaintiff appealed and filed the instant lawsuit on May 21, 2014.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 3 and 4

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion that the deceased attended a meeting in accordance with the direction of the president and died as a cause of taking part in that place. As such, the deceased’s death must be recognized as an occupational accident.

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

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

C. (1) On December 19, 1994, the deceased entered the D operated by Nonparty C and worked as a management office.

D was originally located in Yongsan-gu Seoul Metropolitan Government, but around eight years before relocation.

(2) On February 15:00 on February 6, 2014, C had three workers who were additionally charged with income tax as a result of the year-end settlement by an accounting staff member. On the same day, C had contact with the office again at the end of 17:00 on the same day, and contacted C as a F restaurant located in Yongsan-gu Seoul Metropolitan Government.

(3) Accordingly, 8-9 of the total number of 16 employees of D participated in the meeting. The deceased driven a string vehicle at the said place of business and moved from the office of the Orcheon-gu to the F cafeteria located in Yongsan-gu Seoul Metropolitan Government.

Of the employees who reside in the Bupyeong-do area, the above-mentioned meeting is excluded from the non-party G (one of the persons who additionally bear the tax following the year-end tax settlement).

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