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(영문) 서울행정법원 2015.11.27 2014구합21684

유족급여등부지급처분취소

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1. On November 10, 2014, the Defendant revoked the disposition of bereaved family benefits and funeral site pay to the Plaintiff on November 10, 2014.

2...

Reasons

Details of the disposition

On March 24, 2014, the network B (hereinafter referred to as the “the network”) was invested in the environment-friendly living space management and other policy projects (resident convenience facilities improvement) (hereinafter referred to as the “public labor projects of this case”), which are implemented in three-party C, under employment from March 24, 2014.

The main purpose of the project is to eliminate the miscellaneous removal of the C Working Group, to create a flower, to purify the surrounding areas of the road, etc.

The Deceased worked from 9:00 to 3:00 p.m. a week (15 hours a week working hours). On May 31, 2014, the Deceased received treatment from “D Foreign Medical Center members” due to the symptoms of open symptoms. On June 4, 2014, the symptoms have deteriorated, and was hospitalized in the East Western Medical Center, and the hospital of the East Western Medical Foundation requested a higher hospital to provide medical treatment, and the hospital of the East Western Medical Foundation transferred the following day to the Handong Medical Center of the Republic of Korea and the Gangwon Medical Center of the Republic of Korea, but the same month was the same.

8. Death.

As a result of the inspection conducted on the deceased's private person in the Korea Centers for Disease Control and Prevention, the deceased was confirmed to have been sFTS after a decrease in the sFTS (hereinafter referred to as the "SS"), and also stated that the deceased died in the SFTS in the medical certificate prepared by the Gangwon Gelim Medical Center Gangnam-gu Hospital.

SFTS is the majority of the cases where the risk is caused in a divers.

On June 27, 2014, the Plaintiff, the deceased’s spouse, filed a claim for the payment of bereaved family benefits and funeral expenses with respect to the Defendant, claiming that the deceased died of occupational accidents, as SFTS occurred while the deceased worked for the instant public work business.

On November 10, 2014, the Defendant denied a proximate causal relationship between the deceased’s work and the deceased’s death on the ground that there is insufficient evidence to deem the deceased’s provision of labor for the instant public work project, and made a disposition of survivors’ benefits and funeral expenses (hereinafter “instant disposition”).

[Reasons for Recognition] There is no dispute.