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(영문) 광주지방법원 2015.06.04 2014구단10649
유족급여 등 부지급처분 취소청구의 소
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 May 13, 2014, the Plaintiff’s ASEAN (CB, hereinafter referred to as “the deceased”) was employed on adjoining and controling to the Mutual-Aid, Southern Forest Comprehensive Development (hereinafter “instant Company”) (hereinafter “instant Company”).

B. At around 11:30 on May 28, 2014, the Deceased was engaged in the process of making a flat in the rooftop of the “Ocagle 4 to 5 km away” in the construction of a new construction site of the grat grat grat grat grat grat grat grat grat grat grat grat grat grat grat grat grat grat grat grat grat grat grat grat grat grat grat grat grat grat grat grat grat grat grat

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

On July 4, 2014, the Plaintiff asserted that the deceased died from an occupational accident, and filed a claim for the payment of survivors’ benefits and funeral expenses to the Defendant. However, on August 5, 2014, the Defendant rendered a disposition of survivors’ benefits and funeral funeral expenses (hereinafter “instant disposition”) on the ground that proximate causal relation between the deceased’s death and his/her duties is not recognized, on the ground that it does not constitute an occupational accident.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On May 13, 2013, the Plaintiff asserted that he was placed at the construction site of this case, and 13 days from May 28, 2014, which was the disaster date of this case (excluding two Sundayss, a leave of absence), were collected from the nearby area of the new weather engine, and moved to the landing site of this case along with the employees of the said worker, and then on board the ship to the construction site of this case during the period of 06:20 days from May 28, 2014 (excluding two Sundayss, a leave of absence) and was moved to the landing site of this case, and was dissolved at around 17:20 again, and at around 18:30, once he returned to the construction site of this case, 12 hours per day average of 10 minutes and 73 hours per week (6 days). The previous work was conducted in excess of 82% or more of the prescribed working hours under the Labor Standards Act.

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