(영문) 서울행정법원 2018.10.25 2018구합67169

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(영문) 서울행정법원 2018.10.25 2018구합67169

유족급여및장의비부지급처분취소

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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. On January 25, 2017, Nonparty B participated in the ceremony of the above system protection team (hereinafter “instant ceremony”) while serving as the vice head at the system protection team of Nonparty B (hereinafter “Nonindicted Company”).

B. After the completion of the instant model, at around 23:31 on the same day, the Plaintiff driven his blood alcohol concentration of 0.239% and proceeded two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lane road in the main road of the Gwangju Mine-gu, Gwangju Mine-gu, and the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes in the vicinity of the first road in the south-gu, Gwangju.

(C) A. B (hereinafter “the primary accident”) brought the said car in order to deal with the primary accident, and at the same time, Nonparty H, who driven a GH car (hereinafter “AW”) in accordance with the first lane of the said road in the same direction, did not discover the said car in B and B, and died at the top of the shocking wind (hereinafter “the second accident”), and died at B (hereinafter “the network’s car”). D. The said car is called “the network’s car”).

The Plaintiff, the deceased’s spouse, claimed the bereaved family’s benefits and funeral expenses on the ground that the deceased’s death constitutes occupational accidents. However, on March 20, 2018, the Defendant decided not to pay bereaved family’s benefits and funeral expenses (hereinafter “instant disposition”).

In the state of 0.239% alcohol level of the deceased, when a traffic accident occurred in the state of 0.239%, it cannot be deemed that the traffic accident caused by drinking, as a result of legal advice, is within the scope of general risks associated with the performance of duties, as a result of legal advice that the accident occurred in the course of responding to the accident, and it is confirmed as an area where his or her own house is located at “Naju” and is sufficiently available for the vicarious driving

유사 판례

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