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(영문) 서울행정법원 2015.10.22 2014구합51999

유족급여및장의비부지급처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

The Plaintiff’s wife B (C) is a person who joined the D Hospital on June 24, 2009 (hereinafter “instant hospital”) and worked as an assistant nurse.

On December 23, 2010, the Deceased died in the state of dancing while working at night at the instant hospital at night, while playing her work at the instant hospital, the deceased died in the state of her being fluent and transparent plastic paper by putting it in his/her hands.

As a result of the autopsy, the deceased's private person was found to be 'brupt drug addiction by 'Neculic anesthesia'.

The Plaintiff asserted that the deceased’s death constitutes an occupational accident and claimed the payment of survivors’ benefits and funeral expenses to the Defendant, but the Defendant refused the payment of the deceased’s death on February 19, 2013 on the ground that it is difficult to recognize a proximate causal relationship between the deceased’s death and the work.

(hereinafter referred to as “instant disposition”). [Grounds for recognition] . [The Plaintiff’s assertion as to whether the instant disposition is legitimate due to considerable occupational fault and stress, and thus, the deceased’s death is in proximate causal relation with his/her duties. The Plaintiff’s assertion as to the legitimacy of the instant disposition is reasonable.

On a different premise, the Defendant’s instant disposition is unlawful.

It shall be as shown in the attached Form of the relevant statutes.

Facts of recognition

From June 24, 2009, the Deceased worked as an assistant nurse at the instant hospital from June 24, 2009, and was in charge of delivery room, hospitalization room, operation room, and newborn baby room.

The working environment of the nurse and assistant nurse of the instant hospital is three workers for day duty, night duty, and call duty. The day duty is from 09:0 to 18:000, night duty is from 09:00 to 18:00, and call duty is from 09:00 to 09:00 on the following day (from 14:00 to 18:00) and call duty is performed on a day off or night duty, and they are waiting at home from 18:00 after they are retired.