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(영문) 서울행정법원 2018.08.23 2016구합83037

유족급여및장의비부지급처분취소

Text

1. On May 3, 2016, the Defendant’s disposition of bereaved family benefits and funeral expense against the Plaintiff is revoked.

2...

Reasons

1. Details of the disposition;

가. 원고의 아버지 B(C생, 이하 ‘망인’)은 2011. 7. 1.부터 2012. 6. 30.까지 에스케이네트웍스 주식회사(이하 ‘에스케이네트웍스’)의 직원으로서 에스케이브로드밴드 주식회사(이하 ‘에스케이브로드밴드’)의 인터넷 등 유지보수업무를 담당하였다.

그 후 에스케이네트웍스가 유앤씨텔레콤 주식회사(이하 ‘유앤씨텔레콤’)와 하도급계약을 체결함에 따라 망인은 2012. 7. 1.부터 유앤씨텔레콤의 직원으로서 에스케이브로드밴드 D센터에서 인터넷, IPTV, 유선전화 등의 유지보수업무를 담당하게 되었다.

B. At around 17:30 on May 10, 2013, the Deceased complained of the “abrode symptoms on the left side,” while he/she was working for cable towing at the cable board near the above residence at the request of the E-TV’s repair operator, which was residing in Jung-gu Seoul Metropolitan Government, Jung-gu.

In the above place of residence, Dong Fee Workers, who discovered the Deceased and sent the deceased to the Gecheon University Seoul Hospital in Yongsan-gu Seoul, Yongsan-gu, Seoul, but the Deceased died during hospital treatment in the above patient room around 10:35 on June 1, 2013.

A person who is the deceased’s direct death is “brain color” and the cause of a direct death is “brain blood.”

C. The Plaintiff claimed for the payment of survivors’ benefits and funeral expenses to the Defendant on the ground that the deceased’s death was an occupational accident. However, on May 3, 2016, the Defendant rendered a disposition of survivors’ benefits and funeral funeral expenses on the ground that proximate causal relation between the deceased’s death and the deceased’s work was not acknowledged on the grounds

(hereinafter “instant disposition”). As a result of the verification of occupational malpractice, stress, etc., a sudden and difficult event related to work or a sudden change in work environment is not verified within 24 hours prior to the occurrence.

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