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(영문) 서울고등법원 (춘천) 2021.01.18 2020누126
유족급여및장의비부지급처분취소
Text

The judgment of the first instance is revoked.

2. On May 29, 2019, the Defendant’s survivor’s benefits to the Plaintiff and the funeral’s non-place pay.

Reasons

1. Details of the disposition;

2. The plaintiff's assertion and the plaintiff

3. The reasoning of the judgment by the court concerning this part of the relevant statutes is that the pertinent part of the reasoning of the judgment of the court of first instance is identical to that of the relevant part of the judgment of the court of first instance, and thus, this part is cited by Article 8(2) of the Administrative Litigation Act and the main text of

4. Determination

A. If a worker participates in an event or a meeting, other than a company that is not provided for as an ordinary duty under a labor contract, or suffers an accident during the preparation for such event, the company must first be recognized as an occupational accident in light of the circumstances such as the organizer of the event or meeting, the purpose, content, the number of participants, the method of operation, the burden of expenses, etc. In light of social norms, the overall process of the event or meeting shall be in the state of being controlled or managed by the employer (see Supreme Court Decision 2082283, Oct. 23, 2008, etc.). Article 37(1)1(d) of the Industrial Accident Insurance Act provides that “an accident occurred during the course of exercising or preparing an event or event, other than a company that is not provided for as an occupational duty.” Article 37(1)1(d) provides that “an employer shall have participated in the event or event, which is recognized as necessary by the employer under the Enforcement Decree of the Industrial Accident Insurance Act in advance, such as an occupational accident management guidelines for workers’ participation in the event or event.

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