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(영문) 서울행정법원 2014.08.14 2013구합27272
유족급여및장의비부지급처분취소
Text

1. On August 8, 2013, the Defendant’s disposition of bereaved family benefits and funeral expense against the Plaintiff is revoked.

2...

Reasons

1. Details of the disposition;

A. A. Around January 201, the Plaintiff’s husband B (C.) was employed as a daily employed worker whenever there is a construction work from E, a construction business (original title, steel, and painting) under the trade name “D”, and provided labor.

B. At around 9:00 on January 17, 2013, B: (a) fell from 5-6 meters high from the steel system in the 2nd floor of Guro-gu Seoul Metropolitan Government with other three workers; (b) died on January 22, 2013 while he was sent to an emergency hospital in the Guro-gu University of Korea to receive emergency treatment and was transferred to a middle patient's room; and (c) died on January 22, 2013 while he was receiving emergency treatment at the 9:15.

C. On April 15, 2013, the Plaintiff filed a claim against the Defendant for the payment of survivors’ benefits and funeral expenses on the ground that the deceased B (hereinafter “the deceased”) died during his/her duties. However, on August 8, 2013, the Defendant rendered a disposition of survivors’ benefits and funeral funeral expenses (hereinafter “instant disposition”) against the Plaintiff on the ground that “the cost of construction works for which the deceased provided labor is attributable to KRW 19 million, and the total cost performed by a non-contractor is less than KRW 20 million, and is not eligible for survivors’ benefits and funeral expenses” (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 3, 5 to 9, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion (i) The instant disposition is unlawful inasmuch as the construction cost was less than 23,395,000 won as the construction cost was less than 20,000 won and the cost of the construction is less than 20,000 won and thus, the instant disposition is not subject to survivors’ benefits and funeral expenses.

The construction work is completed for the construction work of the first, second, and third construction works. The construction work of the defendant's summary of the claim is a separate construction work that differs from the construction site and the construction period.

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