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(영문) 서울행정법원 2014.02.07 2013구합55062
유족급여 및 장의비 부지급 처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. A IMD Co., Ltd. (hereinafter “IMD”) is a company that carries stegs out of Hyundai Steel Co., Ltd. (hereinafter “MD”) a business that takes out stegs from Hyundai Steel Co., Ltd. (hereinafter “MD”) (a trade name was the Incheon Steel Co., Ltd. at the time of its incorporation, and its trade name was changed to A&S ethyl Co., Ltd. on July 27, 2001 and changed to Hyundai Steel Co., Ltd. on March 10, 2006; hereinafter “ND”).

AIMD Co., Ltd. (hereinafter referred to as the “instant company”) was established on March 30, 2009 as a IMD subsidiary, and was engaged in the business of selling slotgs to the construction company, and is located in Incheon.

B. Around November 2006, B (C) entered IMD and retired from office on February 2, 201, while serving as the head of the instant company, which is a subsidiary of IMD, and around April 2, 2012, B (C) entered the instant company as a business employee upon the instant company’s recommendation from D, and was transferred to the instant company as of April 2, 2013, by setting the contract term from April 2, 2012 to April 2, 2013. However, the contract term was agreed to be a labor contract, except in extenuating circumstances after the termination of the contract.

C. Around 10:00 residence on June 17, 2012 ( Sundays) was found to have been used in a sopha, by the Plaintiff, who is the wife, at Busan-gu E and 102 dong 815, and died during the process of being sent to the Incheon-do Busan-si Hospital through the 119 emergency squad. A death diagnosis report is written directly by a private person as “cerebrovassis.”

On October 26, 2012, the Plaintiff asserted that the deceased B (hereinafter “the deceased”)’s death constituted occupational accidents, and filed a claim for the payment of survivors’ benefits and funeral expenses with the Defendant. However, on December 24, 2012, the Defendant rendered a claim against the Plaintiff for the payment of survivors’ benefits and funeral expenses (hereinafter “instant disposition”) on the ground that it is difficult to recognize the proximate causal relation with the deceased’s death.

E. The plaintiff is dissatisfied with this.

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