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(영문) 대전지방법원 2019.09.05 2017구단100590
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 is the spouse of the deceased B (CB, hereinafter “the deceased”).

B. From February 2008 to June 2013, the Deceased was engaged in construction works and official duties in D Co., Ltd., from around February 2013 to February 28, 2015, and was employed as an agent for on-site (construction) in E Co., Ltd. (hereinafter “E”) from around February 2013 to around February 28, 2015, and was employed in F Co., Ltd. (hereinafter “F”) as an on-site official duty at the site of G apartment construction at around March 2, 2015, while serving as an on-site official duty at the site of G apartment construction at the site of public housing.

C. On March 18, 2015, the Deceased attended a meeting ceremony after his/her retirement, and met meals, drinking, and viewing time, etc. on the same day, and returned to the Daejeon Seo-gu H’s home on March 19, 2015, around 00:10 on March 19, 2015.

On March 19, 2015, the deceased, who was frighting after her returning home, was suffering from her fingers, and was under treatment after being transmitted to an emergency room located in Seo-gu Daejeon Special Metropolitan City, but died as the "multi-pact long-term part" around 10:28 on May 15, 2015.

The Plaintiff claimed the Defendant to pay bereaved family benefits and funeral expenses following the deceased’s death, but the Defendant refused to pay bereaved family benefits and funeral expenses on August 31, 2016 on the ground that the deceased’s death does not constitute an occupational accident.

(hereinafter “instant disposition”) e.

The Plaintiff, who was dissatisfied with the instant disposition, filed a petition for review to the Industrial Accident Compensation Insurance Reexamination Committee, but was dismissed on January 13, 2017.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 5, 9, 10, 13 through 15, Eul 2 (including provisional numbers, hereinafter the same), and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that he left his job from E to F, was simultaneously engaged in an excessive work in the transferor and F in relation to E’s work, and the Deceased, while leaving his job to F, shall be the workplace, position, distance from work, and work.

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