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(영문) 서울행정법원 2015.09.24 2014구합75964
유족급여및장의비부지급처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. B (hereinafter referred to as “the network”) who worked in the Soriria Factory Co., Ltd. (hereinafter referred to as “Abandoned Motor”), around 20:0 on July 11, 2014, and completed the first round of meetings with the members of the Ban, around 20:30 on the day on which the instant disposition took place, the second round of meetings, along with C and D, at the place near the Ansan Station, around 20:30.

On July 11, 2014, the deceased completed the second round of assembly on July 21, 2014, and her house started. On the same day, at around 22:12 of the same day, the deceased died in the train that entered the mad E station.

Accordingly, the Plaintiff, the deceased’s spouse, claimed the bereaved family’s benefits and funeral expenses to the Defendant around that time.

On September 30, 2014, the Defendant rendered a decision on the payment of bereaved family benefits and funeral expenses on the ground that the above accident does not constitute an occupational accident.

(hereinafter “Disposition in this case”). [Ground for recognition] A’s absence of dispute, Gap’s evidence Nos. 1-3, and the purport of the entire pleadings

2. Whether the disposition is lawful;

A. The first round of the Plaintiff’s assertion was prepared as part of the Plaintiff’s bareboat activities, and was controlled and managed by the business owner.

The Deceased was present at the second ceremony, which was personally gathered by some workers, following the first ceremony, but was already taken in the first ceremony, and was unable to drink in the second ceremony.

Even after the completion of the second round of the deceased, the deceased was faced with a meltion in the first round of the body, while the dives of the body continued, and the dives of the dives of the E calendar were rapidly lowered, and the dives of the dives were caused further.

Since the above accident has a causal relationship with the first type, it constitutes an occupational accident.

Therefore, the instant disposition should be revoked in an unlawful manner.

B. In cases where the judgment worker suffers from an occupational accident while participating in an event or a meeting outside of the company, in light of the circumstances such as the organizer, purpose, contents, number of participants and the compulsory nature of the event or meeting, method of operation, burden of expenses, etc., the overall process of the event or meeting is the employer under social norms.

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