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(영문) 서울행정법원 2020.09.18 2019구합62826

유족급여및장의비부지급처분취소

Text

1. The disposition that the Defendant rendered to the Plaintiff on July 23, 2018 as bereaved family benefits and funeral site wages shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. From May 1, 2011, the deceased B (CB; hereinafter “the deceased”) entered a limited company D (hereinafter “instant company”) and served as the head of the management office of the Dongsan-si E Apartment-si (hereinafter “instant apartment”).

Since 2007, most households have been purchased by the Korea Land and Housing Corporation (LH) and operated as a national rental apartment, and five units are composed of 625 households.

B. On July 20, 2017, around 16:56, the Deceased sent a text message to the representative of the instant company, “I have difficulty in sending the president. I have to attend due to their physical strength. I have to request substitution. I have to do so. I have to do so. I have to do so. I have to do so. I have to do so. I have to do so. I have to do so. I have to do so. I have to do so. I have to do so. I have to do so. I have to do so. I have to do so. I have to do so. I have to do so. I have to do so. I have to do so. I have to do so.”

The Deceased did not work in the apartment of this case on July 21, 2017.

C. On July 22, 2017, the Deceased, was released from the Republic of Korea on July 22, 2017, at around 03:30, and was found to be a vegetable with a lux around 05:34, combining a lux with a lux with a lux with a lux with a lux with a lux with a lux with a lux with a ru

The Plaintiff, the deceased’s spouse, claimed that the deceased’s death constitutes occupational accidents resulting from occupational stress, and claimed the Defendant to pay survivors’ benefits and funeral expenses.

However, on July 23, 2018, the Defendant rendered a decision on bereaved family benefits and funeral site-based subsidization (hereinafter “instant disposition”) on the ground that it is difficult to deem the deceased to have reached the lost condition of judgment due to occupational stress, and on the ground that the deceased’s personal economic issues and mental vulnerability are combined with each other, and thus, it is difficult to recognize the proximate causal relation between the deceased’s death and the work.

E. Accordingly, the plaintiff is dissatisfied with the Industrial Accident Compensation Insurance Review Committee.