1. The disposition that the Defendant rendered to the Plaintiff on December 30, 2016 as bereaved family benefits and funeral expenses shall be revoked.

2. The costs of lawsuit shall be.

1. Details of the disposition;

A. B concluded a labor contract with C (hereinafter “business owner”) and worked as a field manager at the D-Ground Construction Site at the D-Ground, Namyang-si, and resided in a lodging near the construction site prepared by the business owner.

B From around 07:00 to 07:30 after completing an erosion at a restaurant designated by the business owner, B moved from the construction site to the construction site and lived in the form of providing labor from the construction site to 17:00.

B. B, on June 25, 2016, after completing a erosion house at the above restaurant, and was moved to the construction site, B died in front of the F real estate business shop in Namyang-si E at around 07:0, while moving to the construction site.

(hereinafter referred to as “instant accident”) C.

The Plaintiff, a bereaved family member, asserted that the instant accident constituted occupational accidents, and claimed the Defendant to pay bereaved family benefits and funeral expenses.

The Defendant, on December 30, 2016, notified the Plaintiff of the determination of survivors’ benefits and funeral allowance (hereinafter “instant disposition”) on December 30, 2016, since the instant accident occurred during the attendance at work, and the choice of the method of attendance is reserved to B, who is an employee, and it cannot be deemed that the entire process of the attendance at work is under the control and management of the employer.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 7, Eul evidence 1 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the accident of this case constitutes an occupational accident, but the disposition of this case, which was otherwise determined, is unlawful.

(b) The attached Form of relevant statutes is as follows.

(c)where the employee died while performing any act, that employee’s death is recognized as an occupational accident, that employee’s act.