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(영문) 서울행정법원 2017.03.24 2016구합76930

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 deceased B (hereinafter referred to as “the deceased”), who is the husband of the Plaintiff, worked as the head of the department in charge of SUB, C, which packages and supplies automatic transmission parts.

On September 12, 2015, the Deceased was working at the above company and was used in the rest room at around 10:00, and was found to have been sent to the D Hospital on the 119 first-lane, but died around 12:57.

As a result of the autopsy conducted on September 14, 2015 by the National Institute of Scientific Investigation on the deceased, the result of the appraisal that the private person of the deceased is considered to be a "hymical heart disease (including the possibility of acute cardiopulmonary disease)" was considered to be a "hymical heart disease."

The Plaintiff asserted that the death of the deceased constitutes an occupational accident and claimed for the payment of survivors’ benefits and funeral expenses to the Defendant. However, on January 12, 2016, the Defendant rendered a disposition not to pay survivors’ benefits and funeral expenses (hereinafter “instant disposition”) on the ground that the proximate causal relation between the deceased’s work and the death cannot be acknowledged.

The Plaintiff filed a petition for review on the instant disposition with the Defendant, but the Defendant dismissed the Plaintiff’s claim on July 12, 2016.

【In the absence of dispute on the ground of recognition, Gap evidence Nos. 1 through 3, and 8 (the number is included in each number; hereinafter the same shall apply), and the purport of the entire argument as to the legitimacy of the disposition of this case, the plaintiff's assertion that the disposition of this case is legitimate, and the plaintiff's deceased has been placed in excess of statutory working hours, such as almost every day, work at the weekend, etc., and the form of work for which day-time work has been replaced by a day-time work and has continued for a long time, and the head of the 2nd SUB of the packaging and the head of the 2nd SUB shall have more responsibility than other members.

Since stress caused by these occupational tasks results in the death of the deceased as a result of the Hemical heart disease of the deceased, there is a proximate causal relation between the work and the death of the deceased.