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(영문) 서울행정법원 2018.09.14 2017구합87951

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. The deceased B (CB; hereinafter “the deceased”) is a person who works in the Seogpo District Office of D Organizations and performed the operation, management, etc. of farmers’ universities.

B. From November 23, 2015 to March 27, 2015, D organizations conducted productivity improvement training for certain employees (hereinafter “instant training”) at Guam for a certain period of three-day days. On November 23, 2015, the deceased was selected as a person subject to the above training, and arrived at Guam-si in the new wall border on the following day as of the local time of Guam from Incheon public port on November 23, 2015.

On November 24, 2015, 205:00 of the same day, a worker of the same kind, who was administered in the same room as the deceased, found the deceased who was used on the bed below the bed of the bed, and the deceased transferred the deceased to a nearby hospital through a ambulances, but the deceased eventually died at around 05:32 on the same day.

C. The Plaintiff, the deceased’s spouse, claimed that the deceased’s death constituted an occupational accident, and claimed for the payment of survivors’ benefits and funeral expenses. However, on May 17, 2017, the Defendant rendered a disposition of survivors’ benefits and funeral funeral expenses on the ground that “the death of the deceased is determined to be caused by the natural aggravation of the deceased’s work and death, on the grounds that there is no proximate causal link between the deceased’s death and the deceased’s death according to the results of deliberation by the Gwangju Occupational Disease Determination Committee, on the ground that “The death of the deceased is determined to be caused by the natural aggravation of the deceased’s work and the deceased’s death, on the grounds that there is no causal link between the deceased’

(hereinafter referred to as the "disposition in this case"). 【No dispute exists, entry in Gap's 1 through 3, and Eul's 3 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. Comprehensively taking account of the Plaintiff’s assertion as follows, there is a proximate causal relation between the deceased’s work and the deceased’s death, and thus, the Plaintiff’s assertion is on a different premise.