logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2015.09.11 2015구합58522
유족급여및장의비부지급처분취소
Text

1. On July 2, 2014, the Defendant’s disposition of bereaved family benefits and funeral expense against the Plaintiff shall be revoked.

2...

Reasons

1. Details of the disposition;

A. A company B (hereinafter “foreign company”) is a company established on September 28, 2006 and engaged in vehicle insurance services towing business, etc. in the area of Gwangju Metropolitan City in Gyeonggi-do.

In the corporate register of the non-party company, C is registered as the representative director on November 16, 201, but D (hereinafter “business owner”) who is the husband of C is the actual manager.

B. From October 2012, the Plaintiff’s husband E (hereinafter “the deceased”) had been engaged in towing of vehicles ordered by the Nonparty Company using towing vehicles owned and managed by the Nonparty Company. However, on February 19, 2013, the Plaintiff joined the Nonparty Company with the Fsch Rexroth car owned and owned in the name of the Bank of Korea Special Cargo Co., Ltd., and was towing by the said Fsch Rexroth car from around that time.

C. On July 13, 2013, in order to tow the accident vehicle at around 06:45, the Deceased driven and moved to the site of the accident, the Deceased was shocked by dices, city buses, and automobiles installed near the central line of the Domari Road located in the Giju City of Gwangju, and died due to the cardiopulmonary damage in accordance with the cage of the cryp of the cryp of the cryp of the cryp during the transfer to a nearby hospital.

On April 2014, the Plaintiff demanded the Defendant to pay the bereaved family’s compensation and funeral expenses, while the deceased’s death was caused by occupational accidents.

However, on July 2, 2014, the Defendant rendered the instant disposition rejecting the payment of bereaved family's compensation and funeral expenses on the ground that the deceased is an individual entrepreneur as a land owner and cannot be recognized as an employee under the Labor Standards Act.

E. The Plaintiff appealed and filed a request for examination to the Defendant, but the Plaintiff was dismissed on October 14, 2014, and filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but was dismissed again on December 22, 2014.

【Ground of recognition” includes the fact that there is no dispute, Gap 1-4 evidence, and Eul 1-5 evidence or more.

arrow