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(영문) 서울행정법원 2016.01.08 2015구합59228

유족급여및장의비부지급처분취소

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1. On July 30, 2014, the Defendant’s revocation of the disposition of bereaved family benefits and funeral expenses against the Plaintiff on July 30, 2014.

2...

Reasons

Details of the disposition

The deceased B (hereinafter “the deceased”) who is the husband of the Plaintiff has been working as a major in vessel from January 20, 2013 to the father-powered Power Co., Ltd. (hereinafter “the instant company”).

On May 20, 2013, the Deceased moved to a material storage of the instant company at around 12:00 on the same day as on the same day, while performing duties, such as replacement of business. At around 16:30 on the same day, the Deceased moved to a material storage of the instant company at around 16:30 on the same day. At around 19:00 on the same day, the Plaintiff, who was in contact with the said personnel D, was hospitalized in Empician, was diagnosed for cerebral cerebral cerebral cerebral cerebral Spony, and was transferred to the Master Masung Hospital at around 22:00 on the same day, and was performed from around 24:00 on May 25, 2013, and died to the left-hand low-nuclear cerebral cerebral cerebral typhy on the same day.

On July 30, 2014, the Plaintiff asserted that the death of the deceased constitutes an occupational accident and claimed the payment of survivors’ benefits and funeral expenses to the Defendant. On the ground that there is no proximate causal relation between the deceased’s death and his/her duties, the Defendant determined the bereaved family’s benefits and funeral expenses.

(hereinafter “instant disposition”). On October 28, 2014, the Plaintiff dissatisfied with the instant disposition, filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee on October 28, 2014, but the said request for reexamination was dismissed on January 6, 2015.

[Based on the recognition] The facts without dispute, Gap evidence Nos. 1 through 5 (including branch numbers if there are spot numbers; hereinafter the same shall apply)'s overall purport of the disposition of this case is legitimate, and the plaintiff's assertion that the disposition of this case is legitimate, as a major of the ship, worked in a tension and stress at the site where electricity is always flowing, work for about 12 hours a day from the Triday to the Triday, and work for a normal day on the Triday, and immediately dispatch when a sudden situation occurs, so it was not possible to take a prompt rest after retirement and on Sundays, and on May, 2013, the deceased's death around the time of his death, a night stop.