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(영문) 서울행정법원 2019.05.31 2018구합64443
유족급여및장의비부지급처분취소
Text

1. The disposition of bereaved family benefits and funeral site wages rendered by the Defendant to the Plaintiff on March 28, 2018 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. B (hereinafter “B”) is a company that carries on the transportation ancillary service, such as entering into a product delivery service contract with C (hereinafter “C”) and delivering goods to the convenience store in Daegu (D).

From August 10, 2015, the deceased E (hereinafter “the deceased”) had its trade name “H” on the corporate register at the time when B deceased started his/her duties as a btension driver, but its name was changed to B thereafter.

It shall not be distinguished for convenience, but shall be "B" only.

A driver of a vehicle is a person who has been engaged in the distribution delivery of D convenience store.

B. On October 25, 2017, around 00:30, the Deceased parked a G Freeboard (hereinafter “instant vehicle”) in front of F in Daegu-gun, which was located in Daegu-gun, and carried out the work in loading the instant vehicle. During the said work, the Deceased attempted to stop the instant vehicle from getting off and off, and the Deceased had an accident attributable to the rear wheels of the instant vehicle.

(hereinafter referred to as the “instant accident”). The Deceased transferred the instant accident to a hospital after the instant accident, but was eventually killed at around 01:5 on the same day due to cage cages, etc.

C. The Plaintiff, who carried out the deceased’s spouse and funeral, alleged that “the deceased is a worker B, and the deceased’s death constitutes an occupational accident” and claimed the payment of survivors’ benefits and funeral expenses to the Defendant.

In light of the fact that the deceased has a personal business registration on March 28, 2018, and entered into a management and consignment contract for the branch entry management of B and general freight trucking services, the deceased is directly engaged in the maintenance and management of the vehicle as the owner of the transport vehicle and bears the expenses required therefor, and fails to pay the labor income tax, the Defendant cannot be deemed to have provided the employer with labor under a subordinate relationship for the purpose of wages.

Therefore, the deceased.

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