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(영문) 수원지방법원 2018.05.30 2017구단6277
유족급여부지급처분 취소청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. A. Around April 19:30, 2016, the network C (D students, hereinafter “the deceased”) of the Plaintiffs were killed due to a fire that occurred from the Ma and the 2nd floor “F Music Institute” (hereinafter “instant private teaching institute”) of Ansan-si, Ansan-si (hereinafter “instant disaster”).

B. The Plaintiffs filed a claim against the Defendant for the payment of survivors’ benefits and funeral expenses on the ground that the instant accident constitutes an accident under the Industrial Accident Compensation Insurance Act, as the Plaintiff was a lecturer of the instant driving school, and the Plaintiff is an employee of the instant driving school. However, on October 27, 2016, the Defendant issued a disposition not to pay survivors’ benefits and funeral expenses (hereinafter “instant disposition”) on the ground that the instant driving school did not employ at least one full-time employee, and that the Deceased did not provide labor as an instructor of the instant driving school (hereinafter “instant disposition”).

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1-1 through 16, 3, 6-1, 2, 7, Eul evidence 1-18, and the purport of whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the instant private teaching institute was operated by H, the spouse of the business owner G, and H had a local instructor I, drum instructor J, K, and other instructors, the deceased, and the person who was unable to receive the name of the deceased, and thus, the instant private teaching institute constitutes a workplace where one or more regular workers are employed, and the deceased started to work as other instructors at the instant private teaching institute, and thus constitutes workers.

(b) as shown in the attached Form of the relevant statutes;

C. Since February 18, 2014, the instant private teaching institute was registered with G, H husband and wife, and his/her father and wife, and was operated by his/her family. Drum instructors J, K, and I were employed as external instructors, and only an external instructor was demoted at a private teaching institute without having contact with each other.

The private teaching institute of this case shall keep other records and have students use them.

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