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(영문) 수원지방법원 2014.10.29 2013구단3706
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 21, 2008, the deceased B (hereinafter “the deceased”) entered the D (representative E; hereinafter “the instant company”) located in Ansan-si Member C (hereinafter “the instant company”) and has been engaged in production and delivery (including operation).

B. At around 14:30 on April 17, 2012, the Deceased commenced the instant company by driving the instant vehicle with I on the top of the H 1 ton cargo vehicles owned by E, the representative of the instant company (hereinafter “instant vehicle”) in order to supply a consortiumer to G located in Hasung-si F.

C. At around 15:00 on April 17, 2012, the Deceased stopped an accident (hereinafter “instant accident”) that shocks the pents of the said rural construction on the right side of the road while driving at a speed of about 70 km at a speed of about a speed of about 70 km among the four-lanes in the vicinity of the apartment park as a quasi-industrial complex room located in the area of the river park. D.

After the instant accident, the Deceased sent to the Emergency Service Center of the Ansan-si University at Ansan-si (Seoul-dong) through J Hospital, which was killed on April 17, 2012.

(hereinafter referred to as “the instant disaster”) e, the deceased’s death resulting from the death as above.

The Plaintiff, a wife of the Deceased, demanded the Defendant to pay bereaved family benefits and funeral expenses on the ground that the Deceased died due to an occupational accident.

F. On December 17, 2012, the Defendant rendered a disposition on the payment of survivors’ benefits and funeral expenses (hereinafter “instant disposition”) to the Plaintiff.

G. The Plaintiff filed a request for review against the instant disposition with the Defendant, but was dismissed on May 13, 2013.

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence 1 (including additional numbers), Gap evidence 2-1, Gap evidence 4-2, 3, Gap evidence 5-3, and Gap evidence 6-2, the purport of the whole pleadings, and the purport of the whole pleadings

2. Whether the disposition is legitimate; and

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