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(영문) 서울행정법원 2016.10.07 2014구합61897

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. B was employed by Hyundai Motor Co., Ltd. on December 12, 1985 and worked in an Asan Factory (hereinafter “instant factory”).

On November 17, 2012, after completing work at around 17:00, the company did not work at the company, and on November 9, 2012, the company was found to have died while being occupied by the beds at the night around 09:00 on November 9, 2012.

B. Around November 28, 2012, the National Institute of Scientific Investigation (hereinafter “the deceased”) conducted a autopsy on B (hereinafter “the deceased”) and issued the result that “the private person is presumed to have a brutal heart disease (including the possibility of acute fluoral fluoral typhism).”

At the time of death, the blood alcohol concentration of the deceased was 0.069%.

C. On November 13, 2013, the Defendant rendered a disposition at the site level of bereaved family benefits and funeral funeral’s site for the reason that the Plaintiff, the deceased’s spouse, “the change of work environment, such as the conditions of work in the relocation of a disease, has not been confirmed, and the average work hours per week falls short of 60 hours, cannot be deemed to have been subject to physical and mental heavy burden that could significantly affect the normal function of the cardio-cerebrovascular, on a short-term and chronic basis, and medically, it is determined that the existing disease, such as high blood pressure, urology, and dystrophism, has deteriorated naturally and have been died, and thus, there is no proximate causal relation with the cause of death (including the hystrophal heart disease-pulic heart strophy

(hereinafter referred to as "disposition of this case"). . [Grounds for recognition] . [In the absence of dispute, Gap evidence Nos. 1 through 4 (including branch numbers; hereinafter the same shall apply), Eul evidence No. 1, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. 1) The Deceased was in charge of weekly work (08:00 to 17:00) and night work (21:00 to 06:00) on a weekly basis. The Deceased was in charge of five days a week shift.

(B) The main business content is two-hours each in two processes with 8 indoor light-weight parts installed in the vehicle (one-hour work;