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(영문) 서울행정법원 2021.03.18 2020구합59932

유족급여및장의비부지급처분취소

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On February 23, 2018, the deceased B (C life male, hereinafter “the Deceased”) completed the D University Energy Engineering and Doctor’s degree courses at D University graduate schools, and registered D University Industry-Academic Cooperation Group (hereinafter “instant workplace”).

B. The Deceased prepared a doctor’s graduate course thesis at his graduate school in accordance with the guidance of the faculty at the instant workplace, while participating in the implementation of the research project selected by the guidance professor, and paid personnel expenses equivalent to the duration of participation and the ratio of participation.

(c)

The Deceased was planned to make an academic presentation.

On November 26, 2018, around 11:00 on November 26, 2018, the death was caused by cerebral dynasty fever at one’s place of residence.

(d)

The Plaintiff, his father, died from an occupational disease.

On December 27, 2019, the Defendant filed a claim against the Defendant for the payment of the bereaved family’s benefits and funeral expenses, but the Defendant rendered a disposition rejecting the payment of the bereaved family’s benefits and funeral expenses (hereinafter “instant disposition”) on the ground that “the deceased’s “it is difficult to see as a worker, and there is no substantial connection with the deceased’s work and death.”

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1, 7, and 8, Eul evidence No. 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

(a) Attached details, such as relevant statutes;

B. Article 4 subparagraph 1 of the Industrial Accident Compensation Insurance Act refers to an occupational accident caused by a worker while performing his/her duties. Thus, the occupational accident must have a substantial relation between the occupational accident and the accident. In this case, the relationship between the occupational accident and the accident should be proved by the party asserting it. The existence of a substantial relation between the occupational accident and the accident should be determined on the basis of the health and physical condition of the worker concerned, not by the average person, but by the average person.