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(영문) 서울행정법원 2017.11.30 2017구합65258
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. On November 13, 2014, the Plaintiff’s husband B (hereinafter “the deceased”) fell and died on the fifth floor at the scene of the Korea Electric Power Source Co., Ltd. C New Construction Work (hereinafter “instant site”) located in the Daejeon Pungdong-gu, Daejeon, and died.

B. The Plaintiff asserted that the deceased’s death constitutes occupational accidents and claimed the payment of survivors’ benefits and funeral expenses. However, on February 27, 2017, the Defendant rendered a disposition of survivors’ benefits and funeral expenses on the ground that “In the case of the deceased, it is a subcontractor who entered into a subcontract with D Co., Ltd. (hereinafter “instant company”) on the cost of installing the elevator with D Co., Ltd., and thus, it is not deemed a worker under the Labor Standards Act.”

(hereinafter “instant disposition”). C.

On the other hand, the defendant written a written claim for bereaved family's benefits and funeral expenses, a report on the investigation results (SP), a report on the result of the investigation (SP), a body autopsy (SP Hospital), a written confirmation of the fact of change (SPP) and a written judgment (SPPP) (S) (SP), a written judgment (SPD District Court 2015Da8064, 2064, 2016No203), a deposit of the deceased's construction amount, a policyholder's written opinion and a written confirmation of answer (the instant company), a standard contract for purchase of goods (the instant company), a construction contract and a written order, a written order for installation works (the instant company), a written order for serious disasters (the instant company's representative), a written order for criminal trial money deposit (E), a recording (F), a written confirmation of the fact of change (bereaved family-A), a written confirmation (bereaved Family-A), and a

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5 (including each number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The Deceased and the instant company were in an employment relationship with the Deceased, and thus, the Deceased constitutes a worker under the Labor Standards Act. 2) Even if so, the Deceased and the instant company.

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