유족급여및장의비부지급처분취소
1. On June 23, 2015, the Defendant’s disposition of bereaved family benefits and funeral expense against the Plaintiff shall be revoked.
2...
1. Details and details of the disposition;
A. On July 1, 1993, the deceased B (hereinafter “the deceased”) was employed and worked for C Co., Ltd. on July 1, 1993, and transferred to D Co., Ltd. (hereinafter “E”) on September 1, 1995.
The Deceased’s acquisition of F Co., Ltd. (hereinafter “F”) succeeded to employment and worked in F from January 1, 1998. From August 7, 2009, the Deceased was dispatched to Vietnam, and then returned to Korea on February 22, 2014 upon receipt of an order to return home on December 22, 2013.
B. Around 08:55 on February 25, 2014, the Deceased died on his/her own in the house toilets of his/her parents located in Seocho-gu Seoul Metropolitan Government G.
C. The Plaintiff, the deceased’s spouse, asserted that the deceased’s death constitutes an occupational accident, and claimed the Defendant to pay survivors’ benefits and funeral expenses.
Accordingly, on June 23, 2015, the Defendant rendered a disposition on the part of the Plaintiff on the ground that “the deceased’s duties are understood as ordinary duties, and there is no obvious circumstance to cause suicide due to depression, and there is a risk of health. Therefore, it is difficult to recognize the deceased’s death as a relation to his duties.” The Defendant rendered a disposition on the bereaved family’s benefits and funeral expenses (hereinafter “instant disposition”).
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion led to suicide without suppressing impulses, regardless of his/her will, as the cause of mental illness and influence occurred due to occupational reason, and the state of extreme stress during treatment continues.
Therefore, since there is a proximate causal relationship between the deceased’s work and the death, the instant disposition is unlawful.
B. The details of the relevant statutes are as shown in the attached statutes.
C. The “occupational accident” under Article 37(1) of the Industrial Accident Compensation Insurance Act refers to an employee who is caused by his/her duties while performing his/her duties.