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(영문) 서울행정법원 2016.08.26 2016구합346

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. On January 1, 2004, the Plaintiff’s husband B (CB, hereinafter “the Plaintiff”) joined D Co., Ltd. and managed E-building facility management.

B. On July 10, 2015, while working as the director of the facility division of the said company, the Deceased was used in the Disaster Prevention Office on July 16, 2015, and was transferred to the Hanyang University Hospital, and was diagnosed for cerebrovascular, and lost consciousness after performing surgery at the F Hospital, and died on July 16, 2015.

In the deceased’s death diagnosis report, the preceding death is “cerebrovascular blood,” and the latter is “cerebrovascular.”

C. The Plaintiff asserted that the deceased’s death was an occupational accident and filed a claim for the payment of survivors’ benefits and funeral expenses. However, on November 16, 2015, the Defendant rendered a disposition of survivors’ benefits and funeral funeral expenses against the Plaintiff on the ground that, “the Plaintiff, on the ground that there was no sudden or unexpected change in the situation before the deceased’s death was caused or that there was no unexpected change in the work environment, and it is difficult to recognize the death of the deceased for short and chronic reasons and it is difficult to recognize the death of the deceased

(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s evidence Nos. 1 through 6, Gap’s evidence Nos. 17 and 18, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the Plaintiff had thoroughly performed the normal health care and caused additional duties such as rooftop waterproof construction and lighting system replacement work for more than one month before the death of the deceased, which led to the accumulation of overwork and stress on the day of the disaster, and eventually died from cerebral blood, there is a proximate causal link between the deceased’s death and the deceased’s work.

(b) as shown in the attached Form of the relevant statutes;

C. 1) The Deceased is working as the director of the facility division in the D Co., Ltd., and the occupants file a civil petition as the management office in relation to the building facilities.