logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2015.09.18 2015구합55905
유족급여및장의비부지급처분취소
Text

1. On April 7, 2014, the Defendant’s disposition of bereaved family benefits and funeral expense against the Plaintiff shall be revoked.

2...

Reasons

1. Details of the disposition;

A. On November 27, 2013, when the Plaintiff’s husband worked as the team leader of the B Team (hereinafter “D”), he retired from office around 17:00 on November 27, 2013, and participated in the opening ceremony of a quantity B team (hereinafter “instant ceremony”) at the “F cafeteria” located in the Masan-si, Changwon-si, Changwon-si, Seoul (hereinafter “the instant case”). At around 20:00 foods during the instant session (hereinafter “instant accident”).

On December 20, 2013, the deceased was under medical treatment after being transmitted to Samsung Changwon Hospital for 119 first-lanes, but died to “direct death-serious brain damage, middle-line event brain damage, and middle-line event’s closure.”

B. The Plaintiff asserted that the death of the deceased due to the instant accident was an occupational accident that occurred in the course of a company’s consciousness, and claimed for the payment of survivors’ benefits and funeral expenses to the Defendant. However, the Defendant is not a worker but a business operator who was awarded contracts from D, and the instant revolving cannot be deemed to have been represented by D business owner since it was organized by the deceased from the perspective of the user’s view. On April 7, 2014, the Plaintiff rendered a decision on survivors’ benefits and funeral expenses against the Plaintiff.

(hereinafter “instant disposition”). C.

On December 18, 2014, the Industrial Accident Compensation Insurance Reexamination Committee dismissed the plaintiff's request for reexamination on the grounds that the plaintiff filed a request for reexamination to the Industrial Accident Compensation Insurance Reexamination Committee.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The Plaintiff’s assertion that he provided labor for the purpose of earning wages in a subordinate relationship with D, so it is apparent that he is a worker, and the instant accident was caused by the instant accident during the revolving that was held in accordance with D’s labor management and business operational needs. Therefore, the instant accident constitutes occupational accidents.

Therefore, the instant disposition taken on a different premise should be revoked in an unlawful manner.

3...

arrow