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(영문) 수원지방법원 2019.06.12 2018구단8966
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. On July 1, 2017, the Plaintiff’s network B (hereinafter “the network”) is not a direct management of the headquarters of the Suwon Line Branch Co., Ltd., Ltd., but a chain store operated by the management owner upon entrustment.

(hereinafter “instant workplace”) is an employee who entered into a contract for extension of work with D and performed food delivery service with D.

B. On October 31, 2017, the Deceased completed a inventory inspection at around 24:00, and completed the first half of the first half of the day from November 1, 2017 to October 02:00 on the following day (hereinafter “the first half of the case”), and then there is a book working at the place of business of the deceased’s mother-gu.

One person has completed singing at a singing room (hereinafter referred to as the “second singing”).

C. After the completion of the second round of the instant case, the Deceased died on the place of the instant accident, where he was under influence of not less than 0.1% of blood alcohol level, and returned to Korea by driving the FObbane owned by the instant business establishment (hereinafter “the instant Obane”), and was under influence of not less than 0.1% of alcohol level, due to an accident shocking the Jininnobide cleaning vehicle (hereinafter “the instant accident”).

On June 15, 2018, the Plaintiff asserted that the death of the deceased constituted occupational accidents, and filed a claim for the payment of compensation for survivors and funeral expenses under the Industrial Accident Compensation Insurance Act. However, on July 17, 2018, the Defendant rendered a disposition of survivors’ benefits and funeral funeral site payment (hereinafter “instant disposition”) on the ground that “It is difficult to deem that the deceased was under the control and management of the business owner, on the ground that “the revolving that the deceased attended immediately before the instant accident cannot be deemed the extension of the business operation of the instant workplace, and that the deceased voluntarily used the Ortobane owned by the instant workplace, and that the instant accident occurred due to the cause of the deceased’s drunk driving.”

[Ground of recognition] dispute.

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