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(영문) 서울행정법원 2016.12.09 2015구합66257

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 Plaintiff’s wife B (CB, hereinafter “the deceased”) was engaged in clothing sales from around 2003, and became a member of the Seocho Industry Co., Ltd. on December 1, 2013 and was in charge of the sales of clothing in the department store and clothing sales store.

B. From October 18, 2014, the Deceased was hospitalized in the emergency room of Seoul National University Hospital on November 7, 2014, where he/she received medical treatment due to the outbreak of heat and polluted, and was hospitalized in the emergency room of Seoul National University Hospital on November 7, 2014.

In addition, the deceased was subject to the structural inspection of the aggregate water and the climfe, but died at around 19:52 on November 12, 2014.

C. A person directly in the deceased’s death report is “Dives long-term care,” and as a result of the organizational examination, the deceased was found to have suffered NK/T cell forest species by EBV infection.

On December 15, 2014, the Plaintiff claimed the bereaved family’s benefits and funeral expenses to the Defendant. However, on March 26, 2015, the Defendant determined the site payment on the ground that “it is difficult to recognize the causal relationship as the causal relationship is not verified due to the lack of relevance between the occurrence of the injury or disease.”

(hereinafter referred to as “instant disposition”). [Grounds for recognition] A without dispute, Gap evidence 1 through 4 (including numbers, hereinafter the same shall apply), Eul evidence 1 through 3, 8, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the deceased suffered serious overwork and stress such as 11 hours a day and continuous work in an inferior working environment, and as a result, the immunity system has been weakened, and as a result, the deceased died due to forest species and multiple diversative organ.

Therefore, there is a causal relationship between the deceased's work and death.

B. Determination on Gap's evidence Nos. 4 to 7, Eul's evidence Nos. 3 to 9, and Macheon National University Seoul Hospital.