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(영문) 서울행정법원 2012.09.14 2012구합14033

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

On February 11, 2008, the deceased B (hereinafter “the deceased”) who is the husband of the Plaintiff was employed and worked in D Co., Ltd. (a merger with E Co., Ltd., and the trade name was changed to F Co., Ltd., Ltd.; hereinafter “Nonindicted Co., Ltd.”), and was discovered on March 1, 201, following the work at around 09:50 on March 1, 201, after he worked at around 08:20 on March 2, 2011.

On October 13, 2011, the Plaintiff filed a claim for the payment of survivors’ benefits and funeral expenses with respect to the deceased, claiming that there was a depression on duty and stress, and that there was a sudden suicide. However, the Defendant rendered a decision on the payment of survivors’ benefits and funeral expenses (hereinafter “instant disposition”) on October 13, 201, on the ground that “on the part of the deceased, due to occupational causes (occupational burden or conflict) brought about mental distress, and thereby, there is no clear ground to determine that the deceased caused suicide. It is difficult to recognize a proximate causal relation with his/her duties and death as the deceased’s death was determined due to personal characteristics, etc.

【In the absence of any dispute, the Plaintiff’s assertion of legitimacy of the instant disposition and the purport of the entire pleadings as to the Plaintiff’s assertion of legitimacy of the instant disposition, as the Nonparty Company was merged with E Co., Ltd. (hereinafter “E”), and the management was replaced by E’s human resources, the Deceased, who is the head of the technical research institute, was subject to serious stress due to the production difference and sales reduction, from the above, and from the following point of view, the Deceased, who was in the position of the technical research institute, was subject to serious stress.

In particular, when G, who is the person in charge of the local subsidiary of China, was placed in the position of recommendation on January 31, 201, it is unstable that the following would be one time, and such unstable and stress have been accumulated, so that a sudden depression has occurred, and such depression has been caused.