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(영문) 서울행정법원 2018.08.16 2018구합55692
유족급여및장의비부지급처분취소
Text

1. On July 11, 2017, the Defendant’s disposition of bereaved family benefits and funeral expenses against the Plaintiff shall be revoked.

2...

Reasons

1. Details of the disposition;

A. On April 21, 2008, the Plaintiff’s husband’s husband He (hereinafter “the deceased”) entered Etech Construction Co., Ltd. (hereinafter “instant company”). From around December 2015, he/she had been working as the head of the site of the instant construction site (hereinafter “instant construction site”).

B. The deceased and their families resided in Ulsan-gu D apartment, Ulsan-gu, and the distance from the above apartment to the construction site of this case (hereinafter “ Ulsan-gu”) is about 200km.

On the other hand, the instant company leased No. 301, which is a permanent residence near the instant construction site, and provided the deceased as a lodging house (hereinafter “field lodging”). The distance from the site lodging to the site of the instant construction site is about 5km.

C. At around 04:30 on July 4, 2016, the deceased, a monthly day, driven a FTP vehicle, his own possession, and worked at the construction site of the instant construction site. At around 06:30, the deceased was faced with an accident where the vehicle was dissured on the broom road of the Doyang-gun, Seocheon-gun, Yancheon-gun, Busan, about 214.6 km at the Doyang-gun, Yancheon-gun, Yancheon-gun, Yancheon-gun, Busan, which was about 214.6 km, and the vehicle was crashed on the road following the night.

(hereinafter referred to as the “instant accident”). The Deceased, around November 09:1, was sent to a medical corporation by the 119 emergency squad, and died. D.

On March 29, 2017, the Plaintiff requested the Defendant to pay bereaved family's benefits and funeral expenses. However, on July 11, 2017, the Defendant cannot be deemed to have limited the means of commuting to and from work to private cars because it is possible to use the means of public transportation such as buses and trains from the workplace to the workplace.

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