logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2021.02.02 2020구단61433
평균임금결정처분 심사청구 기각결정 취소
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Details of the disposition;

A. On April 13, 2017, the Plaintiff’s mother network F (G life) was discovered from the foregoing apartment J stairs, which was sent to the hospital, while the Plaintiff’s mother network F (G life) was an employee of H (H) and was engaged in cleaning work in the apartment in the Seo-gu, Seo-gu, Busan at the time of Goyangyang-gu around 12:15, 201.

B. On June 1, 2017, the Plaintiffs, who were children living together with the deceased at the time of the death of the deceased, and who were the deceased’s children implemented the funeral of the deceased, including the Plaintiff A and the said Plaintiff, jointly with the deceased, filed a claim against the Defendant for the payment of survivors’ benefits and funeral expenses on the ground that the death of the deceased constitutes occupational accidents, but the Defendant rendered a claim against the Defendant for the payment of the bereaved family benefits and funeral expenses on July 25, 2017, on the ground that it is difficult to recognize the relationship between the deceased’s death and the person equivalent to the deceased’s work (hereinafter “first disposition”).

(c)

The Plaintiffs filed a lawsuit against the Defendant seeking revocation of each of the above site-based dispositions at this Court 2017Guhap82796. On December 20, 2018, the said court rendered a judgment revoking the above site-based dispositions on the ground that the deceased’s death constitutes occupational accidents (hereinafter “prior judgment”), and the said judgment became final and conclusive on August 9, 2019.

(d)

On August 26, 2019, when the Defendant decided to pay the bereaved family benefits and funeral expenses to the Plaintiffs, the Defendant calculated the maximum and minimum standard amount of compensation (Notice of Ministry of Labor No. 2016-61), and the maximum and minimum amount of compensation prescribed in the above two notices (Notice of Ministry of Labor No. 2016-62) for the funeral’s expenses (Notice of Ministry of Labor No. 2016-62), which were in force at the time of August 26, 2017, and then calculated the expenses for the bereaved family’s benefits and funeral’s expenses (the standard amount of compensation prescribed in the above two notices) and then paid the Plaintiffs KRW 71,773,00 for the bereaved family’s benefits and funeral’s expenses to A, and KRW 10,376,150 for the funeral’s expenses to the Plaintiffs respectively (hereinafter referred to as “second disposition”).

E. The Plaintiffs are the highest and minimum standard amount of compensation (No. 2018-97 announced by the Ministry of Labor) and funerals that were in force at the time of 2019, when the instant judgment became final and conclusive to the Defendant.

arrow