beta
(영문) 서울행정법원 2016.02.04 2015구합63753

유족급여및장의비부지급처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On February 20, 2011, B became a member of the White Construction Co., Ltd., and began to work as a co-official at the construction site of apartment constructed by the Hyundai Industrial Development Co., Ltd., Ltd. (hereinafter “instant site”) in Suwon-si from February 21, 2011.

B, around February 24, 201, at around 10:00 a.m. on February 24, 2011, C discovered that at the 6th floor of the building in the instant site B was used on the front wall of the wall and caused a serious light.

B immediately moved to the Ari University Hospital, but died before the hospital arrives at the hospital.

(2) On March 9, 2011, the National Scientific Investigation Research Institute, which conducted the autopsy on the deceased at the police’s request, concluded on March 9, 201 that the cause of the deceased person’s death was “influence of acuteity.” In relation to the deceased person’s death, the Plaintiff, a senior mother, requested the Defendant to pay the bereaved family’s benefits and funeral expenses under the Industrial Accident Compensation Insurance Act in 2014.

On May 9, 2014, the Defendant notified the Plaintiff on May 9, 2014 that “A proximate causal relationship between the color and the job, which is the cause of the death of the deceased, is not recognized due to occupational disease,” and that no bereaved family benefits and funeral expenses are paid according to the result of the determination by the Committee for Determination of

(hereinafter “Disposition in this case”). 【No dispute exists, entry in Gap’s Evidence Nos. 1, 2, 3, and 5, and Eul’s Evidence Nos. 3, 6, and 7, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

가. 원고의 주장 고인은 C에게 발견되었을 당시 앞으로 쓰러져 심하게 경련을 일으키고 있었고 크게 한숨을 쉰 후 몸이 늘어졌는데 이는 심근경색의 증상과 일치하지 않는다.

In addition, according to the result of autopsy, the deceased was suffering from damage to be peculiar in brain, cerebrovascular, and cerebrovascular, and such damage occurs after being used for acute emerculation.