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(영문) 대구지방법원 2014.11.28 2014구단10177
유족급여및장의비부지급처분취소
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. Around 20:15 on June 1, 2013, B, the Plaintiff’s spouse, felled in a dormitory building and died while serving in C’s work in Vietnam, a local corporation, Vietnamese, as a company that is a wing agent.

(hereinafter “instant accident”). (b)

On September 13, 2013, the Plaintiff asserted that the instant accident constituted an occupational accident as a worker C by the deceased B (hereinafter referred to as “the deceased”) and claimed the bereaved family’s benefits and funeral expenses to the Defendant.

C. On November 13, 2013, the Defendant issued a disposition not to pay survivors’ benefits and funeral expenses (hereinafter “instant disposition”) on the ground that it is difficult to view the Plaintiff’s temporary agency workers dispatched to Vietnam for their work and provided labor abroad, and it is difficult to deem that there was a defect in the facilities of the building in question, and that it constitutes an accident caused by private drinking (hereinafter “instant disposition”).

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The Deceased was employed in C, a domestic company of E, and carried out the work in D, a local production plant of C, a business trip and overseas. Since the Deceased’s salary and leave management, and direction and supervision of specific work during the work in C, the Deceased is merely in Vietnam, and the Deceased is a worker subject to the Industrial Accident Insurance Act, since he actually belongs to C and worked in accordance with his direction. 2) The circumstances of the instant accident are as follows: (a) the Deceased was under drinking prior to the date of the accident while waiting for the temporary absence of work in the factory; (b) the Deceased was under drinking while waiting for the temporary absence of work in the factory; and (c) the Deceased returned to the night and carried out the toilet was merely 0.83mm from the 2 rail floor to the center.

Therefore, the accident of this case is partly causing drinking.

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