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(영문) 대구지방법원 2020.09.25 2019구단11656
유족급여및장의비부지급처분취소
Text

On September 25, 2019, the defendant revoked the disposition of bereaved family's benefits and funeral site expenses against the plaintiff.

The costs of lawsuit.

Reasons

1. Details of the disposition;

A. From March 25, 2009, the deceased B (hereinafter “the deceased”) was employed to CFE as its main business for the management of agriculture, agricultural materials, fertilizers, and other sales, and has been performing various duties, such as selling and delivering agricultural materials.

B. On July 9, 2019, the deceased, at the direction of the representative D of the instant legal entity, delivered D’s husband, and the sand farm owned by E, a registered director of the instant legal entity, to the instant legal entity, and then, during the work of installing a luminous ray and a mine area delivered by E from the instant legal entity, the deceased died as an Abspact shock (hereinafter “instant accident”) around 12:12 on the same day.

C. On July 23, 2019, the Plaintiff, the deceased, filed an application for the payment of bereaved family benefits and funeral expenses with the Defendant, claiming that the death of the deceased constituted occupational accidents.

On September 25, 2019, the Defendant rendered a disposition of survivors’ benefits and funeral expenses (hereinafter “instant disposition”) against the Plaintiff on the ground that “the deceased’s death is related to the business subject to industrial accident insurance, or it is difficult to deem that the deceased’s death is related to the business engaged in by an employee under an employment contract, etc.” (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1 through 7, Eul evidence 1 through 8 (including branch numbers, if any; hereinafter the same shall apply), witness E's testimony and purport of whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s act of installing a luminous club conducted by the Deceased is incidental to the ordinary work of the legal entity of this case, and the business owner’s control and management according to the direction of the business owner.

Therefore, since the accident of this case occurred while the deceased was performing his duties and the deceased died due to the accident of this case, proximate causal relation is recognized between the deceased's work and death.

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