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(영문) 서울행정법원 2015.11.19 2015구합4914

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 March 20, 2012, the Plaintiff’s husband Nonparty B (hereinafter “Plaintiff”) joined the Plaintiff Company C (hereinafter “instant Company”) and served as a managing director.

B. At around 13:40 on January 31, 2014, 201, the Gu administration, the body was killed on February 16, 2014, when the body was transferred to an Asan Hospital and was hospitalized with his/her family members in the Maternic acid located in the Hanam-si.

C. On March 17, 2014, the Plaintiff demanded the Defendant to pay bereaved family benefits and funeral expenses.

On April 25, 2014, the Defendant rendered a disposition that the Plaintiff does not pay the bereaved family’s benefits and funeral expenses on the ground that “It is not possible to deem that a deceased person was overwork or was under excessive occupational stress, and there is no proximate causal relation between the deceased person’s work and death.”

(hereinafter “instant disposition”) D.

The Plaintiff filed a petition for review against the instant disposition with the Defendant, but was dismissed on August 28, 2014.

The Plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee on the instant disposition, but was dismissed on January 16, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 7, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s claimant had been working at night from October 2013 to December, 2013, and did not have a sufficient rest, such as working on September 26, 2013 to perform the company’s business, even though he/she was at least five days of hospitalization from a doctor after he/she was under work on the settlement of accounts in 2013 from the beginning of January 2014 and the establishment of a business plan and a fund management plan in 2014, and on September 24, 2013.

In addition, around June 2013, the representative director E of the company of this case was unable to perform his duties due to Byung, and the senior representative director was acting for the representative director.