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(영문) 서울행정법원 2016.03.17 2015구합74692

유족급여및장의비부지급처분취소

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. On July 1, 1992, the non-party B (hereinafter “the deceased”) who is the spouse of the Plaintiff entered the company D (hereinafter “the non-party company”) which manufactures glass disease, and worked as the head of Echeon Factory Production Team C’s team leader.

B. On July 16, 2014, the Deceased worked at the non-party company for night duty at around 22:00, but decided whether to distribute food expenses received from the non-party company from around 22:30 to the non-party E (F) who is an employee of the same group, began to have a dispute with the non-party E (F).

C. When a 10 minute dispute has occurred, E made a statement to the deceased to the effect that “I will not divide food expenses to a person who does not participate in a meeting, this is the same as the case in which E will take over it strictly,” and the deceased, who has been satisfing, started physical fighting with the face of E in drinking, and two people started to satise the floor several times, without any blishing with each other.

The deceased, who discovered this, was removed from two persons, was moved to the workplace, and E was moved to the sick room. The deceased who did not attend part of the case, was found to have a lot of strings after the rest room, and the E was found to be a hand, and the two people were blicked, and the ability of the deceased was lost in the process of separation into the rest of the East employees, and the deceased was used out of the rest room, and the time was 23:36.

E. After that, the Deceased transferred to the Gancheon Hospital of the Gyeonggi-do, but died around 00:3 on July 17, 2014, and as a result of the autopsy, the private person of the Deceased was identified as “brut heart funeral (such as heart brusium and heart brusium brusium, etc. suspected of causing cardiopulmonary disease).”

F. Accordingly, the Plaintiff claimed for the bereaved family’s benefits and funeral expenses to the Defendant, but the Defendant rendered a decision on the site price for the following reasons (hereinafter “instant disposition”) on December 23, 2014.

- The Deceased and E.