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(영문) 서울행정법원 2015.04.09 2014구합67857
유족급여및장의비부지급처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

On January 1, 2009, B, the husband of the Plaintiff during the instant disposition, was employed in the New World and BS Spocheon Factory Co., Ltd. (hereinafter “Spocheon Factory”), and worked as the team leader of C.

B On April 5, 2013, around 10:30 on April 5, 2013, it was used from the underground floor of the elevator path for cargo in Wancheon Factory, and was found to be hidden.

(B) On August 19, 2013, the Plaintiff asserted that the deceased’s death constituted an occupational accident and claimed for the payment of survivors’ benefits and funeral expenses to the Defendant. However, on September 26, 2013, the Defendant rendered a decision on the payment of survivors’ benefits and funeral expenses on the ground that “the deceased’s death was caused by private acts, such as drinking after the completion of his/her duties without relation to his/her duties, and does not constitute an occupational accident.”

(2) The Plaintiff’s assertion as to the legitimacy of the disposition of this case as to whether the Plaintiff’s assertion as to the legitimacy of the disposition of this case as to the entry of Gap’s evidence No. 1 and the purport of the entire pleadings was lawful, and the Plaintiff’s assertion as to whether the entrance of an elevator for cargo, which is adjacent to the entrance of a dormitory, was removed from the entrance of the dormitory to the entrance of the dormitory, died by falling into the floor, and the unsliding lock installed at the entrance of the elevator for cargo at the time.

Therefore, the deceased's death is caused by defects or negligence in management of the elevator for cargo provided by the business owner of Wancheon Factory, and it constitutes occupational accident. On a different premise, the Defendant's disposition rejecting the Plaintiff's claim for the payment of survivors' benefits and funeral expenses is unlawful.

Facts of recognition

The Deceased’s Deceased’s Death was living in a dormitory in the Pyeongtaekcheon Factory. After completing work around April 18:00 on April 3, 2013, his/her whereabouts was buried in the same month.

5. At around 10:30, it shall be used from the underground floor of an elevator passage for cargo in a factory with the fee for the workplace.

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