logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2015.07.10 2014구합14051
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. On September 11, 2012, D: (a) around 08:10, Songpa-gu Seoul Metropolitan Government C Apartment (hereinafter “instant apartment”); (b) died of an accident involving the destruction of concrete floors in the mechanical room in the underground parking lot room (hereinafter “instant construction”) by driving a small croke, thereby getting off stairs; and (c) crokes’ crokes’ crums’ drums’ drums’ drums’ drums’ drums’ drums’ eliclicating.

(hereinafter “Death of this case”)

B. On December 11, 2013, the Defendant rendered a decision on the payment of bereaved family benefits and funeral expenses to the Plaintiffs, who are children of D (hereinafter “D”) on the ground that “the deceased has registered the business under his/her name as a construction machinery contract or a rental business and operated the business from March 4, 1994, and it is difficult to regard the subcontractor as a worker under the Labor Standards Act because he/she falls under the subcontractor who received payment fees using the scools owned by himself/herself.”

(hereinafter “Disposition in this case”). [Grounds for recognition] The Disposition in this case is without dispute; Gap evidence 1 through 7 (including branch numbers; hereinafter the same shall apply); Eul evidence 1; and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is a worker under the Industrial Accident Compensation Insurance Act, since the Plaintiff’s assertion was to perform the instant construction by using one’s scrails and provided labor under employment from E (F).

B. The facts of recognition 1) The Geum River Green Development Co., Ltd. (hereinafter “ Geum River Green Development”) for which nine removals and new installation works of the instant apartment machine room were contracted out.

(2) On August 27, 2012, E subcontracted the removal of 9 mechanical rooms and the disposal of wastes to E during the foregoing construction work. (3) On September 10, 2012, E, with the trade name of G, requested the deceased, who is engaged in construction machinery contracting and leasing business after completing business registration, to remove the mechanical room concrete, etc. as scke, and in return, requested the deceased to remove the mechanical room as scke.

arrow