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The plaintiffs' claims are dismissed.
The costs of lawsuit shall be borne by the plaintiffs.
Reasons
1. Details of the disposition;
A. The network E (FFs; hereinafter “the network”) is a person who works for the main purpose of power distribution lines at H, a company performing the business of replacing the ESCO street, etc. within the jurisdiction of the GD branch office of the Korea Highway Corporation, as the main purpose of power distribution.
B. On December 27, 2019, the Deceased, along with BIC from J to K quarter, moved from the site agent’s duty direction to check the status of the PE street lamps lights, and confirmed the status of the street lamps, etc. on the expressway, etc. by moving from 17:30 to I’s vehicle.
C. In order to reduce the moving time, the Deceased and I parked the vehicle on the side of the Lway, and moved to the lower side of the Lway, while I, without permission, cross the expressway, and I inspected the street, etc. in the upper direction, and the Deceased inspected the street, etc. in the lower direction, as they are,.
In order to move to the opposite side at around 20:28 on the same day, the Deceased was a traffic accident that is shocked with a vehicle driven in the upper parallel by the central separation zone (hereinafter “instant accident”) by crossing the expressway without permission, and due to this, the Deceased died at low blood transfusion shock around 22:40 on the same day.
Around January 2020, the Plaintiffs, both the deceased’s spouse and children, asserted that the death of the deceased constituted occupational accidents, and claimed the payment of bereaved family benefits and funeral expenses to the Defendant.
E. On April 2, 2020, the Defendant rendered a disposition of survivors’ benefits and funeral site pay (hereinafter “instant disposition”) to the Plaintiffs on the ground that “the instant accident occurred due to a criminal act committed by the Deceased in violation of the Road Traffic Act, and it is difficult to view it as an occupational accident under the Industrial Accident Compensation Insurance Act” (hereinafter “instant disposition”).
F. On April 6, 2020, the Plaintiffs received a notice of the result of the instant disposition from the Defendant and filed the instant lawsuit on July 7, 2020.
[Ground of Recognition] Facts without dispute, Gap evidence 1 to 5, and Eul evidence 1 to 4 (including each number);