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(영문) 대구지방법원 2016.04.27 2015구합24057
유족급여 및 장의비 부지급처분취소
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 February 12, 2013, the network B (hereinafter “the network”) is the business owner of “D” located in Nam-gu, Nam-gu, Sinpo-si, and discovered that the F sports facilities located in the North-gu, Seopo-si, Seopo-si, Po-si, Po-si, were installed in the area where the F sports facilities located in the North-gu, Po-si, Po-si, Po-si.

B. On June 10, 2015, the Plaintiff, the deceased’s spouse, operated his business and committed suicide with severe stress, and applied for bereaved family benefits and funeral expenses to the Defendant.

C. On July 1, 2015, the Defendant rendered a decision on the payment of bereaved family benefits and funeral expenses (hereinafter “instant disposition”) against the Plaintiff on the ground that “the deceased is an employer, and is not an employee under the Labor Standards Act, but an industrial accident insurance is not subject to the Industrial Accident Compensation Insurance Act due to the application of special cases to small and medium business owners.”

The plaintiff filed a request for examination against the defendant, but the defendant dismissed the plaintiff's request on October 22, 2015.

[Ground of recognition] Unsatisfy, entry in Gap evidence 1 through 4 (including each number for a case with a serial number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that “D” was the representative of the deceased is a business body separated from “the president system,” which was previously employed by G Co., Ltd. (hereinafter “G”), and was subject to specific and individual direction and supervision from G in the course of ordinary work. As such, the deceased is not a business owner, but G workers.

On a different premise, the instant disposition dismissing the Plaintiff’s application for survivors’ benefits and funeral expenses is unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. 1) The deceased is the business owner who registered his/her business under the name of “D” in the Nam-gu Office of Port Co., Ltd., and most D sales are against L/C and G, and the number of full-time workers from October 201 to February 2013 is about 20.

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