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(영문) 서울행정법원 2016.01.28 2014구합62975
유족급여및장의비부지급처분취소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiffs’ ASEAN (C; hereinafter “the deceased”) entered the Republic of Korea on June 3, 2010, with the status of stay for visiting employment (H-2) in the Republic of Uzbekistan, and entered the Republic of Korea as “D”.

D From November 1, 2012, the Deceased, a worker belonging to D, was in charge of assisting in the installation of a shot board at F’s workplace (Ulsan-gun G, hereinafter “instant workplace”) that is the subordinate company of E Co., Ltd. from November 1, 2012.

B. From 08:00 on February 8, 2013 to 2522 lines in the instant workplace, the Deceased was found to have been used in approximately 60 away from the 2522 lines in the instant workplace, and around the same day, around 13:05 on the same day, the Deceased was found to have been used as a site located in the 60th place located away from the 2532 line (the floor between the employees of the said workplace and the employees of the said workplace). After being sent to the hospital, the Deceased died on the same day at around 13:4

(hereinafter referred to as “instant accident”) C. The deceased’s death is called “instant accident.”

On June 10, 2013, the Plaintiffs asserted that the deceased died from an occupational accident and filed a claim for the payment of survivors’ benefits and funeral expenses with the Defendant. On November 25, 2013, the Defendant rendered a disposition against the Plaintiffs to pay the survivors’ benefits and funeral expenses on the grounds as indicated below:

(hereinafter “Disposition in this case”). On February 8, 2013, the deceased’s completion of the morning work on his/her own at the point of occupation, and as a obstacle between approximately 60 p.m. and about 65.3 p.m., if the articles of other workshops are presumed to have died of a fall from the height of the 65.3m., ① the point at which the accident occurred is presumed to have occurred, ② the point at which the time of the accident occurred is presumed to have not existed any schedule of work at the location discovered by the deceased, ③ it is confirmed that there was no person who issued the work instruction to the deceased at the place discovered by the deceased, ④ the Deceased’s 252m.

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