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(영문) 서울행정법원 2015.01.15 2014구합53872

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 October 1, 2002, the Plaintiff’s partner B (hereinafter “the Plaintiff’s partner”) joined the Daejin Co., Ltd. (hereinafter “instant company”) that runs the wholesale and retail business of automobile parts.

B. On August 12, 2013, at around 11:55, the Deceased loaded articles to be supplied by the said company on the vehicle, supplied articles at the 1st floor office in Sungnam-si, the E industry company located in Sungnam-si, and lost consciousness as a third floor office. On the same day, at around 12:52, the Deceased was discovered and reported to 119.

The Deceased sent back to a nearby sectional colon hospital, but died at around 14:00 on August 12, 2013.

C. At the time of 119 first responders’ finding the Deceased, the Deceased did not have food, pulmon and beer, nor did he had a trace of old soil, and there was no alcohol disease, medicinal disease, etc. around the deceased.

The deceased did not have the autopsy. D.

On December 9, 2013, the Plaintiff asserted that the deceased died from an occupational accident, and claimed the Defendant for the payment of survivors’ benefits and funeral expenses. However, on the ground that there is no proximate causal relation between the deceased’s death and his duty, the Defendant rendered a disposition of survivors’ benefits and funeral expenses (hereinafter “instant disposition”) on the ground that it does not constitute an occupational accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5, 7, 8 (including additional number), Eul evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the deceased was in charge of the delivery service at the instant company. The time when the deceased died is the highest number of holidays during a year and the highest number of holidays during a week and the highest number of holidays during a period of one week. At that time, the deceased worked in the company without absence, except once a week of absence, and the deceased worked in the company for a period of more than 35 degrees.

The deceased's age and age.