1. On July 26, 2012, the Defendant’s disposition of bereaved family benefits and funeral expense against the Plaintiff shall be revoked.

2...

Details of the disposition

From May 2010, the deceased B (hereinafter referred to as “the deceased”) performed the work of delivering DNA at the business site of “D” in the name of “D” of the operation of C (hereinafter referred to as “D”). On June 16, 2012, the deceased died on the same day due to a traffic accident involving truck and congested.

The Plaintiff, as the deceased’s spouse, claimed the payment of bereaved family’s benefits and funeral expenses against the Defendant on the premise that the deceased is employed in D.

However, on July 26, 2012, the Defendant’s Seoul Eastdong Branch issued a bereaved family’s benefit and funeral site allowance disposition (hereinafter “instant disposition”) against the Plaintiff on the ground that it cannot be deemed that the deceased is a worker under Article 2(1)1 of the Labor Standards Act, and the Plaintiff filed a request for examination against the Defendant based on Article 103(1) of the Industrial Accident Compensation Insurance Act, but the Defendant dismissed the Plaintiff’s request for examination on the same ground on December 2012.

The Plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee under Article 106(1) of the Industrial Accident Compensation Insurance Act, but the Industrial Accident Compensation Insurance Reexamination Committee dismissed the Plaintiff’s request for reexamination on September 27, 2013, and the said decision was sent to the Plaintiff on October 21, 2013.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 3, Eul evidence Nos. 8 and 9, and the purport of the entire argument as to whether the disposition of this case is legitimate, the plaintiff's deceased is a worker under the Labor Standards Act.

The defendant judged otherwise, and the disposition of this case should be revoked in an unlawful manner.

It shall be as shown in the attached Form of the relevant statutes.

Recognizing fact C is running a business to produce and deliver DNA products containing information related to horse racing, bicycle racing, etc.

From May 6, 2010, the Deceased receives D from the above D to Sundays using a small truck (vehicle No. E) owned by oneself from May 6, 2010.