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(영문) 서울행정법원 2017.12.15 2016구합55940

유족급여및장의비부지급처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

From April 1, 2014, the deceased B (hereinafter referred to as the “the deceased”) was employed by the Library of Ansan-si and worked as a cleaning manager on August 13, 2014, and was used in a toilet around 05:30 on August 13, 2014, and was transferred to the Korea National University for the 119 Emergency Medical Service, but was dead at the cerebral mathy by cryposis and with severe brain fladism on August 14, 2014.

On November 11, 2015, the Plaintiff, the husband of the deceased, requested the Defendant to pay bereaved family benefits and funeral expenses. However, the Defendant rendered a site pay disposition on December 11, 2015 on the ground that brain livering expenses, a direct death of the deceased, a prop-off, and severe brain macys are not recognized as occupational diseases under the Industrial Accident Compensation Insurance Act (hereinafter “instant disposition”).

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1, 2, 6, 7, and Eul evidence Nos. 9, and the purport of the entire argument as to the legitimacy of the disposition of this case, the plaintiff's assertion as to whether the disposition of this case is legitimate is unlawful in the disposition of this case which denied a proximate causal relation between the work and the death, inasmuch as the deceased's blood pressure, etc. suffered from the existing injury caused by occupational negligence,

It is as shown in the attached Form of the relevant statutes.

Facts of recognition

망인의 근무형태 주 5일 근무이나 토요일, 일요일마다 쉬는 것이 아니라 망인을 포함한 3명의 청소관리원들이 교대로 한 달에 8회 정도 쉰다.

Since cleaning has to be completed before the opening time of the library, the actual working hours are from 05:0 to 15:00, and from 06:00 to 15:00 for the winter season.

The cleaning managers shall work for 05:00 and clean the main floor (3 floor), clean the separate house (2 floor) from 05:45 to 08:30, clean the house for 03:30 through 09:30, check the toilets, etc. from 09:30 to 12:00 on time to time, check the toilets, etc. from 12:0 to 13:00, and repeat the morning work from 13:00 to 13:00.

There is no such supervisor as the head of the cleaning team.