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1. The Defendant’s KRW 32,843,604 as well as 5% per annum from May 9, 2014 to May 18, 2018 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is the mother of the deceased B (CB; hereinafter “the deceased”), and the Defendant is a juristic person operating the “new oil station” in Dobong-gu Seoul Metropolitan Government Changdong 603-84 (hereinafter “instant gas station”).
B. 1) From May 26, 2013 to December 26, 2013, the Deceased concluded a temporary work contract with Korea Logistics Service Co., Ltd., and dispatched to the gas station in the instant case to perform the duties of removing water tanks of oil and spact vehicles. From February 16, 2014 to February 16, 2014, the Deceased performed the same duties at the gas station in the instant case. (2) On April 27, 2014, the Deceased was found to have been used on the toilet floor of the gas station in the instant case, and was sent to D Hospital by the 119 Rescue Team, again transferred to the spactic medical personnel, and received an emergency operation for “cerebrovascular transfusion” and then performed the duties of removing oil and spact vehicles. (3) On May 27, 2014, the Deceased performed the same duties at the gas station in the instant case.
(hereinafter referred to as “instant accident”). C.
1) The Plaintiff asserted that the deceased’s death constitutes an occupational accident, and filed an application for the payment of survivors’ benefits and funeral expenses with the Korea Workers’ Compensation and Welfare Service. However, the Korea Workers’ Compensation and Welfare Service rendered a disposition not to pay survivors’ benefits and funeral expenses on the basis of the result of the Seoul Occupational Disease Determination Committee’s determination that it is not related to the deceased’s death and work. 2) The Plaintiff filed a lawsuit against the Korea Workers’ Compensation and Welfare Service for revocation of the disposition of survivors’ benefits and funeral site rent, as Seoul Administrative Court Decision 2015Guhap4471, May 12, 2017, and the said court rendered a judgment revoking the disposition of the survivors’ benefits and funeral site rent on September 15, 20
The above judgment was finalized on June 3, 2017. D.
At the time of the instant accident, the deceased’s work content and work environment, etc. on February 16, 2014.