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(영문) 서울행정법원 2014.12.12 2013구합61814

유족급여및장의비부지급처분취소

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1. The Defendant’s disposition of non-payment of the bereaved family’s benefits payable to the Plaintiff on April 10, 2013 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The Plaintiff is the spouse of the deceased B (CB; hereinafter “the deceased”). On October 10, 2012, the Deceased was employed as a production worker in the Young-gu, Seoul Special Metropolitan City (hereinafter “Yong-dong”) located at No. 169 Si/Gu, Si/Gu (hereinafter “Yong-dong”) and was working for approximately three months on the part of his/her production worker. On January 17, 2013, the Plaintiff was employed in the closed room and died in a acute fluorial color.

(hereinafter “instant disaster”). (b)

The Plaintiff filed an application for the payment of bereaved family's benefits and funeral expenses with respect to the Defendant, but the Defendant rendered a disposition to pay bereaved family's benefits and funeral expenses (hereinafter "the instant disposition") on April 10, 2013, and the Plaintiff filed a request for an examination by the Industrial Accident Compensation Insurance Review Committee and a request for reexamination by the Industrial Accident Compensation Insurance Review Committee, but received the final decision of dismissal on July 11, 2013.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2 (including all virtual numbers), the purport of the whole pleadings

2. The Plaintiff’s assertion that the Plaintiff’s work had a proximate causal relationship between the disaster and the work in this case, since the physical and mental division was accumulated and caused death while working in an inferior working condition, such as working in a changed shift work without being guaranteed holidays guaranteed by the Labor Standards Act due to the three-dimensional work without rest.

3. Attached Form of the relevant Acts and subordinate statutes;

4. Determination

A. The deceased’s labor relations and duties 1) The deceased’s work experience and job experience 1): The three-time work hours and rest hours (1) a week as a three-time work system: 07:00 to 15:00 (7 hours of actual work, 30 minutes of rest, 30 minutes of rest, 30 minutes of rest: 22: 30 to 07:0 (30 minutes of actual work, 30 minutes of rest, 30 minutes of rest: 15:0 to 22:30 (15: 7 hours of actual work, 30 minutes of rest, 30 minutes of rest) of working hours: 15:0 to 22:30 (20 minutes of rest, 30 minutes of rest) of working hours: The duties of the deceased may be the end of the master master’s work.

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