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(영문) 서울행정법원 2018.08.24 2018구합51157
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 November 1, 2006, the Plaintiff’s spouse B (hereinafter “the deceased”) concluded a labor contract with C on November 1, 2006.

From September 2015, the Deceased performed the work related to D Co., Ltd. (former E Co., Ltd.; hereinafter “D”) that was the subsidiary of C from around September 2015.

B. At around 17:00 on November 25, 2015, the Deceased meetings related to D representative director F, etc. at D office, and around 18:30 on the same day, the Deceased took part in the above meetings with persons who attended the above meetings and drinking alcohol at the restaurant near the above office.

(hereinafter referred to as the “instant meeting”). The F finished his 21:10 pupper on the same day, and requested the deceased to take the deceased’s vehicle on his own, and the proxy driver who received the substitute driver’s fee from F was driving the deceased’s vehicle and returned the F to the deceased’s residence.

At around 22:00 on the same day, the deceased returned a substitute driver at the entrance of the underground parking lot at the residence of the deceased, and he was parked by driving the above vehicle directly, and was absent from the above vehicle.

However, while the above vehicle has turned on the city and the vehicle is in operation (D), the driver's seat door of the above vehicle was sealed in the column, and the deceased died between the driver's seat door and the vehicle.

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

On November 4, 2016, the Plaintiff asserted that the death of the deceased constitutes an occupational accident and claimed the payment of bereaved family benefits and funeral expenses to the Defendant.

However, on the 22th of the same month, the Defendant rendered a decision to pay the bereaved family's benefits and funeral expenses on the ground that "the instant accident was an accident where the deceased was under the influence of drinking, was an accident that occurred after getting out of the control and management of the business owner, and there was no inevitable work factor that had no choice but to drink, so the deceased's death does not constitute an occupational accident."

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