logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2013.09.12 2013구합50883
유족급여및장의비부지급처분취소
Text

1. The disposition that the Defendant rendered to the Plaintiff on June 18, 2012 as bereaved family benefits and funeral site pay shall be revoked.

2. The costs of lawsuit shall be.

Reasons

On July 19, 201, the Plaintiff’s husband B (1949, hereinafter “the deceased”) entered into an employment contract with C Co., Ltd. (hereinafter “instant company”) and served as the head of the Resource Development Headquarters in the neighboring mine (Betre-Oya) of the Republic of Canada (hereinafter “C”).

around 10:00 on December 25, 201, the Deceased was found to have died in the local accommodation in Canada.

(A) The Plaintiff asserted that there was a proximate causal relationship between the Hemal heart disease and Malaria, which caused the death of the deceased and the work performed by the deceased at the site of Kamera as an employee of the instant company, and the Hemal heart disease and Malaria, and that there was a proximate causal relationship between the deceased’s death and the Hemalian family benefits and funeral expenses.

On June 18, 2012, the Defendant rendered a decision to refuse payment of the Industrial Accident Compensation Insurance Act (hereinafter “instant disposition”) on the ground that “The deceased constitutes a worker affiliated with D (hereinafter “local corporation”) who is a business place of a local corporation, and thus, cannot be subject to the Industrial Accident Compensation Insurance Act, and it is difficult to recognize a proximate causal relation with the disaster and accident.”

The Plaintiff appealed and filed a request for reexamination, but the Defendant dismissed it on November 19, 2012.

[Based on the recognition] The plaintiff's assertion of the legitimacy of the disposition of this case by Gap's evidence Nos. 1 through 4, and the purport of the entire pleadings is legitimate. The plaintiff's assertion of the plaintiff is a worker belonging to the company of this case, who died in Hemera with Hemal heart disease and Malaria during his work under the direction of the company of this case, so a proximate causal relation is acknowledged between the deceased's death

Nevertheless, the instant disposition that did not recognize the death of the deceased as an occupational accident is unlawful.

A local corporation to which the Defendant asserted was employed and worked, is a company running a business separate from the company of this case, and the Deceased is the company of this case.

arrow