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(영문) 울산지방법원 2015.08.13 2014구합2274
유족보상 일시금 및 장의비 부지급 처분취소
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 April 9, 2014, the network B (hereinafter referred to as “the network”) entered the waiting taxi closure Co., Ltd. in Daegu-gu (hereinafter referred to as “Non-Party”) and served as a taxi engineer for the same year.

5.3. The building of the Daegu-gu C hotel (hereinafter “instant building”) was found to be dead in stairs of the first floor underground level.

(hereinafter “instant accident”). B.

On May 23, 2014, the Plaintiff filed an application for the payment of survivors’ benefits and funeral expenses to the Defendant on the ground that the instant accident was an accident in the course of performing his/her duties. On July 17, 2014, the Defendant rendered a decision on bereaved family benefits and funeral expenses on the ground that there was no proximate causal relation with his/her duties.

(hereinafter referred to as the "disposition of this case"). 【No dispute exists, Gap evidence Nos. 1, 2, Eul evidence Nos. 1 through 6, 11, 12-1 through 5, and the purport of the whole pleadings.

2. The legality of disposition.

A. The Plaintiff’s assertion that he left the taxi in order to see the string during the taxi operation while temporarily stopping the taxi, and find the string, and can be deemed as falling down from the underground stairs behind the instant building, because the instant accident constitutes occupational accidents. Thus, the Defendant’s disposition that rejected the Plaintiff’s application for the payment of survivors’ benefits and funeral expenses was unlawful.

B. On April 9, 2014, the deceased joined the non-party company and worked as a taxi engineer. The work environment of the deceased was 24 hours and 10 hours, and the work hours were operated mainly in the case of free choice or in the case of the deceased, 18:0-06:00.

B) On May 2, 2014, at around 19:30, the Deceased was a taxi (at around 22:40, after having a house for D operation) and had a special fluence with the Plaintiff. At around 23:00 on the same day, the Deceased was a vehicle in front of the mat located on the first floor of the instant building.

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