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(영문) 서울행정법원 2018.01.12 2017구합67858
유족급여및장의비부지급처분취소
Text

On March 31, 2013, the disposition of bereaved family's benefits and funeral expenses rendered by the Defendant to the Plaintiffs shall be revoked.

The costs of lawsuit.

Reasons

1. Details of the disposition;

A. C served as a staff member of a macro-construction Co., Ltd. (hereinafter “Masung Construction”) as the head of the site office of “D Corporation”.

B. On December 12, 2016, C died of a fire that occurred in a simple resting room around 06:50 (hereinafter “instant accident”) among those who had been diving at a simple resting room in the site office located in Ycheon-si, 04:30 the following day after drinking alcoholic beverages.

C. The police in charge of investigating the cause of the fire at the above simple resting room brought about the possibility of the flame or heat generated from the electric distress or the damage (e.g., damage) of electric wires, which was used in the above simple resting room, but it was not clearly specified.

The Plaintiffs, the bereaved family members of C, filed a claim for the payment of bereaved family benefits and funeral expenses to the Defendant on the ground that C died due to occupational reasons. However, the Defendant voluntarily died at a simplified resting place due to a large number of drinking alcohol regardless of C’s duties, and on March 31, 2017, notified the Plaintiffs of the determination of the site pay (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 through 7, 9 through 14, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiffs asserted that the disposition of this case, which denied C's death due to the defects of the facilities provided by the business owner who was occupational accident, was unlawful.

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

C. Article 37(1)1(b) and (5) of the Industrial Accident Compensation Insurance Act provides for an accident caused by defects or negligence in management of the facilities, etc. provided by an employer as one of occupational accidents, and sets specific criteria for recognition thereof.

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