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(영문) 서울행정법원 2015.09.18 2014구합9783

유족급여및장의비부지급처분취소

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1. On January 10, 2014, the Defendant’s disposition revoking the disposition of bereaved family benefits and funeral site pay to the Plaintiffs.

2...

Reasons

Details of the disposition

On February 10, 2010, the net C (D, hereinafter referred to as "the deceased"), who is a child of the plaintiffs, entered the company to put in place place place orders and place orders (hereinafter referred to as "non-party corporation") and dispatched it to E to take charge of the management of the website.

On November 29, 2012, the Deceased taken a photograph of the winners of the Republic of Korea who participated in the F Award (F award) held in Malaysia and sent it to a domestic media, and carried it out news gathering activities on November 28, 2012 in order to enter into the E website. On November 30, 2012, around 09:00, the Deceased was discovered by the reporter who used the same room while putting it out in the toilet of G hotel 1422, a lodging room.

The Deceased sent back to Kuludio ICUF Citccote Hospital, but died on December 1, 2012 at around 03:33.

(hereinafter referred to as “the instant disaster”). The cause of the death of the deceased on the medical certificate of death is indicated as “the brain strokes caused by the heart stroke”.

C. On December 17, 2013, the Plaintiffs asserted that the death of the deceased constituted an occupational accident and filed a claim for the payment of survivors’ benefits and funeral expenses with the Defendant. However, on January 10, 2014, the Defendant rendered a disposition of survivors’ benefits and site payment (hereinafter “instant disposition”) to the Plaintiffs on the ground that “the death of the deceased was likely to be caused by the natural aggravation of the existing disease, on the grounds that there was no unexpected or emergency situation that could not have been predicted immediately before the occurrence of the disaster, and there was no rapid increase in working hours or any change in the business environment.” The Deceased did not have any existing disease, such as the brain color of the bovine spongiformiformiform Ened, the fluencing disease caused by the fluoral hem, the fluoral heart, the fluor, and the fluorial fluoral fri, but the death of the deceased was likely to be caused by the natural aggravation of the existing disease.”

The Plaintiffs filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee on February 3, 2014, but the Industrial Accident Compensation Insurance Reexamination Committee on April 3, 2014.