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(영문) 서울행정법원 2014.07.24 2012구합38404

유족급여및장의비부지급처분취소

Text

1. The disposition that the Defendant rendered to the Plaintiff on April 16, 2012 as bereaved family benefits and funeral site pay shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On July 1, 2008, the Plaintiff’s husband, (C; hereinafter “the deceased”) joined the Youngyang Livestock Industry Cooperatives as a contractual employee, and was in charge of the business of processing, selling, and delivering refined meat at the “E” shipbuilding shop located in the Youngyang Livestock Industry Cooperatives from June 29, 2009 to March 2, 201, within the Seocho City/Do from March 2, 201 (hereinafter “instant shop”).

At around 10:00 on March 2, 201, the Deceased was found to have first entered the F in order to smoke and rest at the entrance of the instant shop, and approximately 2,3 minutes after entering the shop.

(hereinafter “the instant disaster”). The Deceased sent back to the emergency room of the Gangseosansan Hospital via the Gangseosan Hospital, but died on March 12, 201, around 13:15.

The direct death on the body autopsy prepared by the doctor G of the Gangseoansan Hospital on March 12, 2011 is indicated as “the cardiopulmonary cycle decline by the body of brain function,” the interim pre-stigator, “serious brain species,” and the pre-stigator, as “self-cerebral cerebral cerebral typhosis,” respectively.

B. On April 16, 2012, with respect to the Plaintiff’s claim for the payment of survivors’ benefits and funeral expenses, the Defendant rendered a land-based disposition on the ground that “the proximate causal relationship between the deceased’s death and his/her duties cannot be recognized”

(See subparagraph 1 of this case, hereinafter referred to as “instant disposition”).

The Plaintiff filed a request for reexamination of the instant disposition with the Defendant, but the Defendant dismissed it on August 20, 2012.

[Reasons for Recognition] Facts without dispute, Gap evidence 2, Eul evidence 1, Eul evidence 2-1, Eul evidence 3-4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Before three months prior to the death of the Plaintiff’s assertion, the deceased worked for more than 3,4 hours a day, or worked for more than one hour a month to work for more than two times a month, and he worked for more than two times a month, and he was subject to serious stress at ordinary times by being subject to self-esteem from a superior superior H who is lower than himself. On March 2, 201, the Plaintiff’s assertion was 30 minutes after entering a freezing which is maintained below 18°C.