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(영문) 인천지방법원 2016.05.31 2015구단759
유족급여및장의비불승인처분취소
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On October 30, 2014, as a member of the Incheon Port Trade Union (hereinafter referred to as “In Mancheon Port Trade Union”) the Plaintiffs’ children, from October 17:00 to October 30, 201, he/she sent to the light of the Plaintiff (hereinafter referred to as “non-party company”) and completed loading and unloading work, from around 18:30 to 20:20 of the same day, he/she was sent to the light of the Incheon Port Community Trade Union (hereinafter referred to as “In Mancheon Port Trade Union”) and was a member of the port site management office at the Jung-gu Incheon Metropolitan City D E restaurant during the period of 29 members, such as the warden, the head of Ban, the general secretary, and the Ban.

B. The Deceased, while under the influence of 0.203% alcohol concentration at the blood alcohol level around the end of the body of the deceased, fell into the sea, and was immediately rescued by the 119 ambulances, but was transferred to the hospital by using the 119 first vehicle to the hospital (the cause of death).

C. After that, on January 13, 2015, the Plaintiffs claimed the bereaved family’s benefits and funeral expenses to the Defendant. However, on March 24, 2015, the Defendant rendered a disposition of non-approval of the bereaved family’s benefits and funeral expenses (hereinafter “instant disposition”) on the ground that there was no labor contract relationship between the deceased and the Incheon Port Navigation Labor Union and did not constitute occupational accidents.

[Reasons for Recognition] Facts without dispute, entry of Gap 1, 2, 4, and 5 (including branch numbers in the case of provisional number), the whole purport of the pleading

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion (1) The Deceased is an employee who entered into an employment contract with the content of providing labor at each loading and unloading company under the direction of the Incheon Coast Guard and receiving the payment therefrom, and is an employee belonging to the Incheon Coast Guard. (2) The instant ceremony was held for the purpose of promoting friendship between the head of the hall, the head of the Ban, and the members of the new team organized by the general secretary and the members of the Ban, and was forced to a certain degree of attendance and drinking at the same place, and the Deceased’s body was bread by drinking at the instant ceremony.

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