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(영문) 청주지방법원 2015.06.18 2015구합207
유족급여 및 장의비 부지급처분 취소
Text

1. On November 13, 2014, the Defendant revoked the disposition of bereaved family benefits and funeral site pay to the Plaintiff on November 13, 2014.

2...

Reasons

1. Details of the disposition;

A. On September 14, 2014, the deceased B (hereinafter “the deceased”) died due to an accident (hereinafter “instant accident”) that is attributable to the wheels of the D’s Poter E, which was driven and parked by himself/herself, from the camping site of D Co., Ltd. (hereinafter “D”) located in Cheongju-si Office C (hereinafter “D”).

B. Around October 2014, the Plaintiff claimed the Defendant to pay bereaved family’s benefits and funeral expenses to the deceased’s wife. On November 13, 2014, the Defendant concluded a labor contract with F Co., Ltd. (hereinafter “F”) to work daily on a holiday day, and on the day of the instant accident, D did not work on the day of the instant accident, and it cannot be deemed that the deceased had materials on the F Co., Ltd.’s instructions. The instant accident appears to have occurred during a private act by arbitrary judgment of the deceased, and thus, it cannot be deemed that it constitutes an occupational accident. Accordingly, the Defendant decided to pay the bereaved family’s benefits and funeral expenses on the ground that it does not constitute an occupational accident.

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, Gap evidence No. 1, Eul evidence No. 1, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was a worker belonging to D, but he entered into a labor contract with F's operator G using a holiday day, and went to a D's camping site to prepare tools necessary for work in F. The plaintiff suffered an accident. The accident of this case occurred while the deceased engaged in necessary incidental activities incidental to his duties. Thus, the accident of this case constitutes an occupational accident.

Therefore, the defendant's disposition of this case made on a different premise is unlawful.

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

(c) In the case of Article 37(1)1(a) of the Industrial Accident Compensation Insurance Act, an accident that happens while an employee is performing duties under an employment contract or acts resulting therefrom.

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