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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. (1) The net B, a cooperative company of the C Company, was an employee of D, and was on commuting to and from the workplace from the workplace provided by the ordinary business owner. On January 13, 2015, as in the day of Lambling, as in the day of LbC and the bus stop on January 13, 2015, the Plaintiff cut off the crosswalk of the Fbridge without permission and died on January 15, 2015.
B. On April 18, 2018, the Plaintiff claimed for the payment of survivors’ benefits and funeral expenses as the wife of the Deceased, but the Defendant rendered the instant disposition against the Plaintiff on the ground that “the damage of the deceased was not caused in the course of using the transit bus provided by the business owner, but the accident occurred in the crosswalk to board the transit bus, the crossing crossing, which is the place of the accident, is on the road where the business owner’s control and management right is not exercised, and it is difficult to deem that the deceased was under the control and management of the business owner at the time of the accident, and thus, it is not recognized that the death was caused by the occupational reason stipulated in the Industrial Accident Compensation Insurance Act.”
【Ground of recognition】 Facts without dispute, Gap’s evidence of subparagraphs 1 through 6, Eul’s evidence of subparagraphs 1 through 7, and the purport of whole pleadings
2. (i) The main text of Article 37(1) of the former Industrial Accident Compensation Insurance Act (amended by Act No. 14993, Oct. 24, 2017; hereinafter the same) provides that “an accident that happens during commuting to and from work under the control and management of the employer, such as the use of the means of transportation provided by the employer or means of transportation equivalent thereto, shall be deemed an occupational accident if a worker suffers an injury, disease, or disability or dies due to any of the following causes” under subparagraph 1(c) of the same Article.
Industrial Accident Compensation Insurance Act was amended by Act No. 14993 on October 24, 2017.