logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.07.14 2017구단10468
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 deceased B (hereinafter “the deceased”) is a person employed on August 3, 2016 to E engaged in manufacturing and repairing machinery with the trade name “D” in Daegu-gu, Daegu-gu, (hereinafter “instant workplace”).

B. On October 24, 2016, around 16:27, at the new business office of the Daegu Environmental Authority located in Daegu Northern-ro 209, Daegu Northern-ro 209, the Deceased was found to have been dead after the explosion occurred while performing the work of visible temperature and partial replacement of food waste transfer pipes invested in sewage treatment facilities (hereinafter “the instant disaster work”).

C. From March 3, 2014 to November 2, 2016, the instant workplace was engaged in industrial accident compensation insurance with the type of business as “manufacturing business of general industrial machinery and equipment”. D.

On January 17, 2017, the Plaintiff claimed bereaved family's benefits and funeral expenses as a wife of the Deceased, and the Defendant against the Plaintiff on January 17, 2017, the instant accident work was a project that is less than 20 million won of the construction cost performed by a person without a construction business license and excluded the Industrial Accident Compensation Insurance Act from the application of the Industrial Accident Compensation Insurance Act, and was a disposition of survivors' benefits and funeral site wages

(hereinafter “Disposition in this case”). [Grounds for recognition] The Disposition in this case is without dispute; Gap evidence Nos. 1, 2, and 4; Eul evidence Nos. 1 through 9; and the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was an employee who belongs to the instant workplace and was engaged in the production and repair of minculor as the business owner would take part in the instant accident while engaging in the manufacturing and repair of minculor. The Deceased was not an employee employed in the instant accident.

In addition, the operation of the low temperature and partial replacement of the fire-fighting tank pipeline is included in the initial manufacturing and repair of the machinery.

Therefore, the accident work of this case is exempt from the Industrial Accident Compensation Insurance Act.

arrow