208Guhap50230 The revocation of the disposition of revocation of the bereaved family's benefits and funeral site wages.

○ ○

Korea Labor Welfare Corporation

October 21, 2009

December 2, 2009

1. The defendant's disposition of compensation for survivors and funeral expenses against the plaintiff on November 6, 2008 shall be revoked.

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

The order is as set forth in the text.

1. Details of the disposition;

A. Disasterr: The plaintiff's husband ○○○○ (the plaintiff's husband on July 24, 1963, hereinafter referred to as "the deceased");

1) Countermeasures against a disaster

A) On November 1, 1987, he/she entered the ○○ Industrial Complex (hereinafter referred to as “Non-Party Industrial Complex”) and is transferred from February 12, 2007 to ○○○○○○○○○○ Office.

B) On May 3, 2007, ○○○, the chief of ○○○○○, was under the influence of alcohol after attending a meeting and then was under the influence of alcohol, death on September 11, 2008 while being hospitalized for hospital treatment by suffering from injuries, such as “an accident falling from the second floor stairs in front of the Deceased’s home gate,” which was under the influence of alcohol.

B. Disposition of the Defendant’s compensation for survivors, etc. (hereinafter “instant disposition”)

Site pay ground: The deceased applied for the approval of the medical care due to a disaster caused by the deceased, but received the approval of the non-approval of the medical care from the defendant, and the lawsuit seeking the cancellation of the above non-approval of the medical care is pending, and make a decision on the claim for the payment, such as bereaved family compensation,

【Ground for Recognition: Facts without dispute, Gap evidence 1, 2, 13, and 14; the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

Inasmuch as the overall process of the deceased's participation was under the control and management of the employer, the participation in the deceased's meeting is an ordinary activity process incidental to his activities, and even if he was in the aftermath of a meeting place, he was in an accident and was in the aftermath of his home, and was in the aftermath of a meeting place.

Since it constitutes occupational accidents, the defendant's disposition of this case, which was reported differently, is the above law.

(b) Facts of recognition;

1) After the Deceased was transferred to the ○○○○ Office, around three months, on May 3, 2007, ○○○○, the head of the ○○○ Office, led by ○○○○○○○○, to form the ○○○○ Council and to exchange opinions on the pending issues of the Corporation.

2) The above ceremony was led by the head of the ○○ office, and the head of the ○○ office was forced to participate in the meeting due to the submission of a statement of reasons for non-compliance. The meeting ceremony was set at KRW 270,00 in advance as business operating expenses, and the date and time following the meeting, the place of the meeting (including ○○, a second meeting place), the list of participants, and the main contents of the meeting were all reported to the non-party public corporation.

3) On May 3, 2007: around 30, 18: At around 30, 207, 12, excluding five persons who have submitted the reason for non-participation among the 17 deputy heads of the ○○○ Office and the 17 deputy heads of the ○○ Office, who are located under the ground of the ○○○○○○○○○, located under the 50-meter away from the 50-meter away from the 50-meter away from the 50-meter away from the 17th place of the ○○ Office, were present at the 17th place of the ○○ Office. The expenses spent at the ○○ Office used the work promotion expenses to pay KRW 260,00,000 with the clean card of the ○○ Office

4) In the above restaurant, participants, including the Deceased, held a meeting related to the work of selecting ○○○ as the president of the Deputy Council while carrying out meals including the Deceased, and held a meeting related to the work of the Vice-Council. At around 21:40 on the same day, 21:40 on the same day, in order to conclude the stories with the relation that the business hours of the above restaurant were 22:0,000:0, the above restaurant was 23:00 won on the same day (hereinafter referred to as 'the second round ceremony') where all participants and the above restaurant were moved to a line with the trade name of '○○' or '○' in the next side, and 'the second round ceremony' was finished at around 15:15. The costs of the second round ceremony was settled by ○○○, a person who is the vice-president, to pay KRW 82,000 on his personal card.

5) Nonparty 1 paid 130,000 won per month to employees of the vice head office and vice head office.

6) The participants drank 12 or more so-called so-called so-called so-called marnan by mixing the subject of the first and second rounding. The deceased’s drinking volume is the degree of 1 disease of so-called so-called marn, and the deceased already breaded and breaded when moving to the second rounding place after the first rounding, and the deceased did not correctly bread from the subject of the discussion during the second rounding, or when moving to the second rounding place.

7) The Deceased, while returning home under the influence of alcohol after the second round, died in the course of being treated by falling on the second round of the second round of the 50 self-employed at around the same day.

【Ground for Recognition: Facts without dispute, Gap evidence 3 through 8, Gap evidence 9, 10 each 1 through 11, Gap evidence 1, 6, and 18, and the purport of the whole pleadings

C. Determination

1) Where a worker suffers from an accident while participating in an event or a meeting other than a company which is not prescribed as one which is not obligated to ordinarily engage in under an employment contract, it shall first be recognized as an occupational accident, in light of the circumstances such as the organizer, purpose, contents, number of participants, forcedness, methods of operation, cost burden, etc. of the event or meeting, the overall task of the event or meeting must be under the control or management by social norms, and the worker must not deviate from the usual course of the event or meeting. Furthermore, during the process of a meeting on the part of the employer, it shall be deemed that the worker has a disability in the normal East or ability of drinking exceeding a week, and that the worker has suffered from an occupational accident such as injury, quality, physical disability, or death, etc., it shall be deemed that the above act was conducted through the two different types of accidents, and that the above act was conducted through the two different types of mental and physical disorder or other extraordinary circumstances, barring any special circumstances, and it shall be deemed that it was conducted under the Industrial Accident Compensation Insurance Act.

In particular, when the issue is whether a company or other event or a meeting held under the overall control and management of the original employer is closed, it shall not be determined reasonably in accordance with the purpose of the Industrial Accident Compensation Insurance Act, which provides that the nature of the above formal event or meeting has changed to a private and discretionary nature unrelated to the work solely on the basis of some simple circumstances. In full view of the aforementioned various circumstances, it shall be determined reasonably in accordance with the purpose of the Industrial Accident Compensation Insurance Act, which provides fair compensation for occupational accidents and contributes to the protection of workers (see Supreme Court Decision 2008Du8475, Oct. 9, 2008).

2 ) 위 인정사실에 의하여 드러나는 다음과 같은 사정 , 즉 , ① 망인이 참석한 1차 회식은 망인이 소속되었던 ○○실의 실장이 주도하여 ○○실 차장협의회 구성 및 공단 현안에 대한 의견 교환 등의 목적으로 개최된 것으로서 불참자에 대하여는 불참사유서 를 받는 등으로 참여가 어느 정도 강제되었고 그 비용도 소외 공단에서 별도로 책정한 업무추진비로 지출되었던 점 , ② 1차 회식에서 하던 이야기를 마무리하기 위하여 ○○ 실장을 포함한 1차 회식 참석자 전원이 바로 옆 장소로 옮겨 1시간 남짓 2차 회식을 가졌고 그 모임 내용 역시 소외 공단에 제출한 보고서에 포함되어 있었던 점 , ③ 2차 회식의 비용을 참석자 중 ○○○이 개인 명의의 카드로 결제하였다고 하더라도 , 그 비 용이 비교적 소액일 뿐만 아니라 , 그에게 지급되는 업무추진비로 부담한 것이라고도 볼 수 있으므로 , 단순히 2차 회식의 비용이 1차 회식과는 달리 별도로 책정한 업무추 진비로 결제되지 않았다는 등의 사정만으로 공식적인 회식으로서의 성격이 업무와 무 관한 사적 · 임의적 성격으로 바뀌었다고 단정짓기는 어려운 점 , ④ 망인을 비롯한 참 석자들은 소주와 맥주를 섞은 폭탄주를 12잔 이상 마실 정도로 다소 지나칠 정도로 음 주를 하였고 , 망인은 이처럼 주량을 초과하여 음주를 한 나머지 몸을 제대로 못 가누 는 지경이었음에도 불구하고 그 모임의 주재자인 ○○실장 등의 만류나 제지가 있었던 것으로 보이지 아니하는 점 , ⑤ 망인은 위와 같이 만취하여 집에 돌아가던 중 과음에 따른 균형감각의 상실 등으로 인하여 발을 헛딛는 등으로 자택 현관 앞 2층 계단에서 추락한 것으로 보이고 , 과음으로 인한 심신장애와 무관한 다른 비정상적인 경로를 거 쳐 재해가 발생하였다고 볼만한 아무런 사정도 없는 점 등에 비추어 보면 , 망인이 참 석한 1 , 2차 회식은 그 전반적인 과정이 사용자의 지배 · 관리 하에 있었던 것으로 볼 수 있고 , 망인은 위 각 회식에서의 과음으로 말미암아 정상적인 거동이나 판단능력에 장애가 있는 상태에 이르러 위와 같이 사고가 발생하여 사망하였다고 봄이 상당하므로 망인의 사망은 업무상 재해에 해당한다고 봄이 상당하다 .

3) Therefore, the instant disposition that the Defendant deemed the deceased’s death as not an occupational accident is unlawful.

3. Conclusion

Thus, the plaintiff's claim is justified.

Judges of the presiding judge 000

Judges OOO -

Judges OOO -