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(영문) 부산지방법원 2020.08.19 2019구단1238
유족급여및장의비부지급처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. From Jun. 15, 2010 to Jun. 15, 2010, the deceased was a person who registered his/her business as C with his/her trade name. On February 9, 2015, the deceased at his/her home, lost his/her awareness at his/her home, and was transferred to the hospital to 119th degree, but died in his/her heart color.

B. On December 22, 2017, the Plaintiff was the de facto spouse of the Deceased, and submitted to the Defendant a written claim for survivors’ benefits and funeral expenses to the effect that the deceased’s death constitutes an occupational accident.

C. On September 18, 2018, the Defendant, via the Busan Occupational Disease Determination Committee, was an employer of C, and it is difficult to recognize the deceased as an employee on September 18, 2018, and the proximate causal relation between the death and the business of this case is not confirmed as the occupational course or stress was not verified. On the ground that there was no objective proof data to recognize the Plaintiff as a de facto spouse, the Defendant rendered a decision of site pay (hereinafter “instant disposition”).

On November 19, 2018, the Plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee on November 19, 2018, but the said request was dismissed on April 25, 2019.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1, 2, Eul's 1 through 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The actual business owner of the Plaintiff’s assertion C is pro-friendly D of the Deceased.

The deceased only borrowed his business registration name, but actually is C’s employee, and his physical strength and mental tension in a harmful environment excessively performed his duties, and thus, he died in fluence. As such, the deceased’s death constitutes an occupational accident.

Nevertheless, the instant disposition was unlawful on a different premise.

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

C. The 1 Deceased’s workplace and work form deceased were opened on June 15, 2010 with the name of C, and registered as a business operator around that time. On February 9, 2015, the deceased’s death was closed.

3.2

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