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(영문) 서울남부지방법원 2017.02.09 2016가단232386
손해배상(산)
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The summary of the plaintiffs' assertion D (hereinafter "the deceased") died of an industrial accident while serving in the defendant company. As such, the defendant company is liable to compensate the plaintiffs, who are the deceased's heir, for the damages.

2. The defense and judgment of this case

A. The gist of the defense of the defendant company was that the defendant company agreed with the plaintiffs to file a non-litigation, and thus, the plaintiffs' lawsuit of this case was contrary to the non-litigation agreement and is unlawful as there is no benefit of protection

B. (1) In fact, the Deceased joined the Defendant Company on December 19, 201, and was in charge of the construction site E-Newly constructed in Changwon-si around March 2013. However, on May 20, 2013, the Deceased died of cerebral typhism due to cerebral dystrophism among the dys who were diving at a lodging house on May 20, 2013.

(2) On September 2013, Plaintiff A, the wife of the Deceased, asked the Defendant Company to prepare documents necessary to recognize the death of the Deceased as an occupational accident, i.e., the business owner to the effect that the Deceased was in a occupational course, and the statements of these documents.

(3) On September 9, 2013, Plaintiff A prepared and delivered the written statement from Defendant Company and the legal representatives of the rest of the Plaintiffs can be recognized as having agreed not to raise any legal issues, such as filing any objection or filing civil or criminal lawsuits, with respect to “an accident that the deceased died from the cerebral Theymosis due to the cerebral wave while he/she was diving in Defendant Company’s accommodation.”

(4) On September 24, 2013, Plaintiff A demanded the payment of bereaved family’s benefits and funeral expenses on the premise that the death of the deceased constitutes an occupational accident, attaching the written statement under the said paragraph (3) to the Korea Workers’ Compensation and Welfare Service. However, Plaintiff A received a site-based disposition on October 29, 2013.

(5) Accordingly, Plaintiff A filed with the Seoul Administrative Court a lawsuit seeking revocation of the disposition for revocation of the payment of survivors’ benefits and funeral expenses, along with the written statement under Paragraph (3) above, with the Seoul Administrative Court. On May 29, 2015.

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