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(영문) 서울행정법원 2017.10.20 2017구합57028
유족급여및장의비부지급처분취소
Text

1. The disposition that the Defendant rendered to the Plaintiff on February 3, 2016 as bereaved family benefits and funeral expenses shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On November 13, 2014, the Plaintiff’s spouse (CB, hereinafter “the deceased”) entered the Plaintiff as a driver on November 13, 2014, and around that time, E Co., Ltd. (hereinafter “D”). Around that time, E Co., Ltd. (hereinafter “E”) that entered into a contract with D for vehicle operation and management (hereinafter “E”) as a driver on vehicle operation.

D and E are affiliates of F Co., Ltd.

B. From August 6, 2015 to August 8, 2015, the Deceased, according to the business trip schedule of the E representative director scheduled to take place from August 6, 2015 to August 8, 2015, he/she was traveling the said representative director on the E representative director’s business-use car and was traveling the said business-use car to take place on August 6, 2015.

On August 7, 2015, the Deceased moved to G and 304 (hereinafter “the instant accommodation”) at the time of a night-time, a night-time, after completing his duties on August 7, 2015, and was engaged in drinking while drinking together with H residing in the said accommodation.

However, around 02:09 on August 8, 2015, the Deceased was found to be a dead body in front of the accommodation of this case.

C. In the body autopsy of the deceased, the deceased’s private person stated that “the deceased’s private person is “the presumption of sage (the cage fage, cage cage, dym dym dym dym dymal

The Plaintiff asserted that the deceased’s death constitutes occupational accidents, and claimed the Defendant to pay survivors’ benefits and funeral expenses.

However, on February 3, 2016, the Defendant, on the ground that the death of the deceased was not an occupational accident, made a decision on bereaved family's benefits and funeral expenses, and notified the Plaintiff thereof.

(hereinafter “instant disposition”) e.

The Plaintiff dissatisfied with the instant disposition and filed a request for examination to the Defendant, but the Defendant dismissed the Plaintiff’s request for examination on August 3, 2016.

The Plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but the said Committee dismissed the Plaintiff’s request for reexamination on December 22, 2016.

[Ground of recognition] There is no dispute.

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