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(영문) 대구지방법원 2014.09.26 2013구단10903
유족급여및장의비부지급처분취소
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. On June 8, 2013, the Plaintiff’s spouse B (C) was employed and worked at the scene of the project for the removal of rooftops and for the repair of outside chairs located in Nam-gu EF child care centers (hereinafter “child care centers of this case”) (hereinafter “instant construction”), and was found to have been used as waste dust on the children’s house rooftop at around 16:40 on the same day, and was found to have been removed from the second floor stairs around 16:59 on the same day, at around 16:59 on the same day, after they were sent to the Posito Hospital via the 119 first vehicle, but on the same day at around 17:25 on the same day.

B. On July 8, 2013, the Plaintiff claimed bereaved family benefits and funeral expenses to the Defendant on the ground that the deceased B (hereinafter “the deceased”)’s death constitutes occupational accidents.

C. On November 21, 2013, the Defendant rendered the instant disposition of survivors’ benefits and funeral site pay (hereinafter “instant disposition”) on the ground that the instant construction project is not subject to the Industrial Accident Compensation Insurance Act (hereinafter “Act”), but is not subject to the application of the total construction cost of less than KRW 20 million performed by a person who is not a constructor, and that there is no proximate causal relation with the deceased’s death as a “unextinction.”

【Ground of recognition】 The fact that there is no dispute, Gap evidence 1, Eul evidence 2, 6, 7, and 15, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The instant construction works are part of the remodeling construction works contracted by F kindergarten from January 2, 2013 to August 19, 2013, and the total construction amount exceeds KRW 40 million, and thus, it is unlawful to determine that the Defendant’s total construction amount is less than KRW 20 million and is excluded from the application of the Act. However, it is unlawful to determine that the Defendant’s place of business excluded from the application of the Act is illegal. (2) The Deceased, at the time of death, cited two waste disposals on the rooftop of the instant childcare center and laid down the 3rd floor and then cut off from the stairs.

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