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(영문) 서울행정법원 2015.04.03 2013구합64523

유족급여및장의비부지급처분취소

Text

1. The Defendant’s disposition of compensation for survivors and funeral expenses against the Plaintiff on June 24, 2013 shall be revoked.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff’s husband B (C students, hereinafter “the deceased”) served as the deputy head in D (business entity: E).

B. From June 13, 2011 to August 14, 2011, the Deceased returned to the duty of business trip D at the Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-do, North Korea, and died on August 28, 2011 while he/she was transferred to Busan National University Hospital and was receiving treatment on August 28, 2011, because he/she lost his/her own consciousness at home around 23:30.

(hereinafter referred to as "the disaster of this case". (c)

The plaintiff filed an application for the payment of bereaved family's benefits and funeral expenses to the defendant, but on June 24, 2013, the head of the defendant Busan Regional Headquarters rendered a decision on bereaved family's benefits and funeral site's expenses against the plaintiff on the ground that the causal relationship between the deceased's work

(hereinafter “instant disposition”) D.

Accordingly, the Plaintiff sought revocation of the instant disposition against the Industrial Accident Compensation Insurance Review Committee, but was dismissed on September 16, 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 to 3, purport of the whole pleadings

2. Whether the instant disposition is lawful

(a) The attached Form of the relevant statutes is as follows;

B. 1) The Deceased was in charge of the manufacture, repair, and cooking of freezing machines from April 15, 1997 to the date of the occurrence of the instant accident.

B. The work status within three months of the Deceased’s occurrence of the instant accident shall be as follows.

Above May 14, 2011

Above June 14, 2011

Above July 14, 2011

8. The deceased, on June 13, 2011, worked for more than 32 hours of 30 31 working days of 28 30 30 31 working days of 28 28 29 d. 5.5 d. 56.5 d. d. 25 d. d. d. 28 d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. k.

On the rooftop at that time.