1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. On August 18, 2014, the Plaintiff’s Dong Dong-in (hereinafter “the deceased”) joined C and worked for the company.

B. On October 16, 2015, at around 19:30, the Deceased died of a traffic accident (hereinafter “the instant disaster”) which was flading on the road to return home after drinking. On October 16, 2015, around 21:43 of the same day.

C. The Plaintiff filed a claim against the Defendant for the payment of survivors’ benefits and funeral expenses, but the Defendant rendered the instant disposition against the Plaintiff on March 31, 2016, on the ground that “suppers meeting on the day of the instant accident does not result in the employer’s control and management status by the voluntary interest meeting of employees.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and the whole purport of the pleading

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was made on the day of the accident of this case, and thus, it constitutes an occupational accident since he was under the control and management of the company.

B. (1) Determination is based on generally accepted social norms, where a worker is suffering from a disaster while participating in a group other than a company that is not a duty under a labor contract, and where it is intended to recognize it as an occupational accident, the overall process of the group must be under the control or management of the employer in light of the circumstances such as the organizer, purpose, content, number of participants and forcedness, method of operation, burden of expenses

(See Supreme Court Decision 2016Du34622 Decided June 9, 2016, etc.). (2) No evidence exists to prove the Plaintiff’s assertion, and rather, according to the statements in subparagraphs 3 through 5 and witness witness D’s testimony, the instant brief statement of this case is not planned in advance or was practically forced to attend, but was made through interesting proposals by D directors, i.e., office employees, and only part of the on-site employees.