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(영문) 서울행정법원 2019.12.12 2018구합85709
유족급여및장의비부지급처분취소
Text

1. On November 8, 2018, the Defendant’s disposition of bereaved family benefits and funeral expenses against the Plaintiff shall be revoked.

2...

Reasons

1. Details of the disposition;

A. From June 1, 2017, the deceased B (hereinafter “the deceased”) worked as a daily worker in D Co., Ltd. (hereinafter “instant company”) from June 1, 2017. On November 29, 2017, when he worked in the new wall to work for the same worker E on his own cargo at the time of the new wall, he got out of the off the bus in Seo-gu Incheon, Incheon at around 06:18 on the same day while he worked in the middle of the parked bus (hereinafter “instant accident”).

At around 06:46 of the same day, the Deceased sent back to the H Hospital located in Seo-gu Incheon Metropolitan City, but died of two parts of the deceased on the same day at around 07:16 of the same day.

【A Certificate 2 and 3 (including a Serial number; hereinafter the same shall apply) provided that the number is not specified in any other Certificate.

(ii) Eul evidence 2, 6, 7, 9, 11); (b)

On April 27, 2018, the Plaintiff, the deceased’s spouse, claimed the Defendant to pay bereaved family benefits and funeral expenses. On November 8, 2018, the Defendant rendered a decision on site pay (the disposition written in the order; hereinafter “instant disposition”) against the Plaintiff on the ground that the following written boxes were written.

(A) Evidence No. 1, A No. 2-2, and B-1). The Deceased died due to a traffic accident while serving as a daily worker at the construction site in order to work as an electrical worker at the construction site.

However, the accident vehicle is not a vehicle that the business owner provided for commuting, but ② the deceased, the owner of the vehicle in question, was exclusively responsible for the management of the accident vehicle or the right to use the vehicle, ③ there was no specific direction from the business owner on the work site, ④ there was a choice of other means of transportation and route from the work site to the work site.

Therefore, it does not constitute occupational accidents because it is not recognized as an accident under the control and subsidiary of the business owner due to a disaster that occurred in a place beyond the scope of management of the business owner.

The work occurred after January 1, 2018.

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