logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2017.11.30 2016구합76824
유족급여및장의비부지급처분취소
Text

1. On July 4, 2016, the Defendant’s decision on bereaved family benefits and funeral expenses that the Plaintiffs paid to the Plaintiffs shall be revoked.

2...

Reasons

On May 8, 2015, around 12:11, 2015, the details and details C of the disposition were addictedd to the U.S. carbon by avoiding the bomb car from the rear seat of the EM 210 underground parking lots at the EM 210-dong, EMM 210.

(hereinafter “C.” The Plaintiffs, the parents of the Deceased, claimed for the payment of bereaved family benefits and funeral expenses to the Defendant on January 22, 2016.

On July 4, 2016, the Defendant rendered the instant disposition on the ground that “the deceased shall not be deemed an employee under the Labor Standards Act, as an insured under Article 5 of the Act on the Collection of Insurance Premiums, etc. for Employment Insurance and Industrial Accident Compensation Insurance. The deceased’s death does not constitute death due to occupational reasons” (hereinafter “instant disposition”).

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1-4, and the purport of the entire pleadings are as shown in the attached Form of the relevant Acts and subordinate statutes.

According to the evidence No. 5, No. 11, and No. 1, as to whether the deceased is a worker or not, on April 23, 2012, under the name of the deceased, “trade name: F: Place of Business: F: Seoul, the type of business, computers and computer peripheral devices retail business” was registered; H was investigated as a witness in the investigation of the case by the deceased on May 11, 2015, and was supplied or sold directly to the customer by assembling the computer parts. The name of the business registration is the name of the deceased. The deceased is the vice president leader and is in charge of the assembly, entry, and removal of computers.”

However, according to the following facts, Gap evidence Nos. 5, 6, 9, and 10, and Eul evidence Nos. 3, and evidence Nos. 1, 1, J, and H’s testimony, which can be acknowledged by comprehensively considering the overall purport of the pleadings, H is the business owner who lent the name of the deceased on April 2012 and registered the F’s business in his/her name, and the deceased merely worked as his/her employee.

arrow