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(영문) 서울행정법원 2016.05.20 2015구합59242
유족급여 및 장의비 부지급처분 취소
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. From February 26, 2007 to E Co., Ltd. (hereinafter “E”) entered into an employment contract and retired on March 31, 2014.

B. During the two-month period, the Deceased was found to have been on October 26, 2014, after having concluded a service contract with E and having provided labor to E, after having died at home around 07:00 on June 26, 2014.

C. The Plaintiffs filed a claim against the Defendant for the payment of survivors’ benefits and funeral expenses, but the Defendant, on January 23, 2015, did not regard the Deceased as an employee under the Labor Standards Act, and on the ground that proximate causal relation between the deceased’s death and his/her duties is not acknowledged, the Plaintiffs did not pay the survivors’ benefits and funeral expenses

(hereinafter “Disposition of this case”). 【The ground for recognition of this case’s Disposition of this case’s Disposition of this case’s Disposition of this case’s existence of no dispute, Gap’s 1 through 7 evidence(including numbers; hereinafter the same shall apply), and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiffs’ assertion constitutes E workers, and the instant disposition based on a different premise is unlawful even if there exists a proximate causal relationship between the deceased’s death and his/her work.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. Fact-Finding 1) - Work hours, work contents, etc. under the contract - Work hours: 09:0 to 18:00 (Duty of 12:00 to 13:00, a week 5-day duty: A corporation whose business purposes are software development and sale, service business, etc., and whose business purposes are, the Deceased was dispatched to a customer company designated by E, and engaged in the development, maintenance, and repair of the program.

- Place of work by period: “F located in the Daejeon Metropolitan City from June 9, 2014 to August 31, 2014,” and “H” located in G from September 1, 2014 to September 30, 2014, Seoul Special Metropolitan City from October 1, 2014 to October 25, 2014.

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