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(영문) 서울행정법원 2020.08.21 2019구합63164

유족급여 및 장의비부지급처분취소

Text

1. The plaintiff B's lawsuit shall be dismissed.

2. On November 6, 2018, the amount of bereaved family benefits and funeral expenses the Defendant paid to the Plaintiff A to the Plaintiff.

Reasons

1. Details of the disposition;

A. The plaintiff A is referred to the deceased C (D students, hereinafter "the deceased"), and the plaintiff B is the mother of the deceased.

B. On September 1, 2016, the Deceased was in charge of online game background design work at H Co., Ltd. from June 28, 2011 to November 12, 2012, and from November 12, 2012 to August 31, 2016.

From December 31, 2016, F Co., Ltd. (hereinafter “E”) was in charge of online game background design work in E (hereinafter “E”), and its affiliation was changed to F Co., Ltd. (hereinafter “F”) and retired from F on March 31, 2017.

On April 17, 2017, the Deceased was found to be dead by using dial belts on the diversrails in the G of Gwanak-gu in Seoul Special Metropolitan City.

The presumption of death of the deceased is about 02:0 on April 17, 2017.

C. On March 25, 2018, the Plaintiffs asserted that the death of the deceased constitutes occupational accidents, and the Plaintiffs filed an application for the payment of survivors’ benefits and funeral expenses to the Defendant, respectively.

On November 6, 2018, the Defendant made a decision on the bereaved family’s benefits and funeral expenses for the death of the deceased (hereinafter “instant disposition”) on November 6, 2018 by using the recipient as the Plaintiff A for the following reasons.

As a result of a comprehensive review of the data related to the deceased’s age, career, work environment and details of duties, working hours and reference materials, etc., the deceased appears to have suffered from a de facto disorder caused by elevator accidents in his/her workplace, and then continued suffering, during his/her work pressure, he/she seems to have made a extreme decision in the process of serious pressure. In light of personal vulnerability of the deceased’s age, work hours at an average of 54 hours per week, and the increase in work volume since 9 months prior to the occurrence of the incident, the deceased was committed suicide under the cause of stress and elevator accidents, and thus, he/she was expressed as a minority member of occupational accidents.