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(영문) 서울행정법원 2018.05.17 2015구합65261
유족급여및장의비부지급처분취소
Text

In September 30, 2014, the disposition of bereaved family's benefits and funeral expenses rendered by the Defendant to the Plaintiff shall be revoked.

The costs of lawsuit.

Reasons

1. Details and details of the disposition;

A. On January 1, 2014, the network B (hereinafter “the network”) entered a contract position in the Namyang Communications Co., Ltd. (hereinafter “Namyang Communications”) that is engaged in the telecommunications construction business, etc., and performed the work of installing mobile communications equipment and installing antenna lines in the whole south East East Eastern area.

B. On February 10, 2014, at around 03:30, the Deceased was driven by the deceased at a house located in Yangcheon-gu Seoul Metropolitan Government (hereinafter “instant Seoul House”) and was driven by Gwangju Metropolitan City where there is an office room for remaining communication site, and the Deceased was transferred to the left side of the truck before the left side of the deceased’s motor vehicle at around 05:43 at a point of 122.8km on the west coast Highway, around 05:43.

(hereinafter “instant traffic accident.” The Deceased died at the site of the instant accident due to two external wounds suffered from the instant traffic accident.

C. On June 11, 2014, the Plaintiff, the deceased’s spouse, asserted that the death of the deceased constituted an occupational accident that occurred during his work, and filed a claim for the payment of survivors’ benefits and funeral expenses to the Defendant.

On September 30, 2014, the Defendant rendered a disposition of survivors’ benefits and funeral expenses (hereinafter “instant disposition”) on the ground that the deceased’s death did not constitute “accidents that occurred during commuting to and from work under the control and management of the business owner” under Article 37(1)1(c) of the former Industrial Accident Compensation Insurance Act (amended by Act No. 14933, Oct. 24, 2017; hereinafter “former Industrial Accident Insurance Act”). As such, the Defendant cannot be deemed occupational accidents.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-7, 16-18, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The details of the relevant statutes are as shown in the attached statutes.

B. Article 37(1)3(b) of the current Industrial Accident Compensation Insurance Act (i) whether Article 37(1)3(b) of the current Industrial Accident Compensation Insurance Act is applied, and Article 37(1)1(c) of the previous Industrial Accident Compensation Insurance Act (hereinafter “former Act”) provides a “worker”.

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