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(영문) 서울행정법원 2017.12.14 2017구합76081

유족급여 및 장의비 부지급 처분 취소

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. The Plaintiff’s husband, who is the Plaintiff’s husband (hereinafter “the deceased”), joined Hoh S&C Co., Ltd. (hereinafter “instant company”) and performed the duty of facility security of the C Elementary School (hereinafter “instant school”).

B. From July 22, 2016 (Friday) to July 25, 2016, the Deceased was accommodated in the instant school and carried out guard duties, and thereafter, the Deceased complained of the pains that he/she was inside the D and passed away from the D and passed away, and then died on the 28th day of the same month while being hospitalized.

In the death diagnosis report of the deceased, the cause of the natural person's acute respiratory part(s) and the cause of the acute respiratory part(s) is indicated as a catus catus.

C. The Plaintiff asserted that the deceased’s death constitutes occupational accidents, and claimed the payment of bereaved family’s benefits and funeral expenses. However, the Defendant: (a) on September 30, 2016, it is difficult to view that the deceased’s bicycle’s accident was caused by an act deemed to have occurred during the ordinary and customary period of recess on the grounds that the duties of the deceased were performed mainly inside and outside the office building due to the classroom patrol, CCTV monitoring, fences, and verification of abnormal entrance and exit, etc.; (b) the time of the Deceased’s accident falls under non-working hours at 5:0 new walls; (c) the rest hours (22:00 to 06:00) normally fall under the rest hours, such as be placed in the lodging room; (d) it is unclear whether the deceased was on board the bicycle to perform his/her duties; and (e) there is a medical opinion that it is difficult for the deceased to cut off his/her bicycle even if on the ground of abortion, and thus, it is also unclear that it is a personal accident that may occur within the scope of his/her ordinary management.