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(영문) 서울행정법원 2021.01.08 2020구합59215
유족급여및장의비부지급처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is the mother of the deceased B (C life, hereinafter “the deceased”).

The Deceased worked as a vice-place in the North Korea Port D (hereinafter referred to as the “instant workplace”).

B. On June 2, 2019, the Deceased, who was in the vicinity of the F Park located in Sinpo-si E on June 23:35, 2019, had shocked drums installed in India, and accordingly, the Deceased was separated from the Ortoba and was used on the roadside of the wooden pole (hereinafter “the instant accident”). The Deceased died on June 2, 2023:44 on June 2, 2020.

(c)

The Plaintiff filed an application with the Defendant for the payment of bereaved family benefits and funeral expenses for the death of the deceased, together with the decedent G.

On July 17, 2019, the Defendant determined that “the instant accident was caused by the deviation from the normal course of commuting, and does not constitute an accident that occurred while commuting to and from work in a normal way and manner,” and determined the site pay upon the Plaintiff’s application from the Plaintiff and G (the part against the Plaintiff in the instant disposition is referred to as “the instant disposition”).

On December 18, 2019, the Plaintiff filed a request for examination against the instant disposition, and the president of the Labor Welfare Corporation confirmed on December 18, 2019 that “the Deceased was commuting to and from the work site, but the site of the accident was completely out of the deceased’s residence. The Plaintiff asserted that the Deceased was an accident that occurred during the leaving of the work site, and the site of the accident was in the opposite direction to the Plaintiff’s own house, but the road direction was in the opposite direction to the Plaintiff’s own house, and the site of the accident was not confirmed as having no lawsuit against the Plaintiff’s assertion, such as it was confirmed that there was no lawsuit against the point of the accident.

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