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(영문) 서울행정법원 2015.04.10 2014구합64674

유족급여및장의비부지급처분취소

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On September 3, 2012, the deceased G (hereinafter “the deceased”) was crashed on ten floors, 9-10Ra of apartment units, around 10:50, while serving as a security guard for H apartment located in the Cheongbuk-gun, Cheongbuk-gun (hereinafter “instant apartment”).

In the body inspection report prepared by the I of the Ministry of Land, Infrastructure and Transport, the body inspection report is written as follows: “The body inspection report shall be written as “the body blick booms of the head of the body and the body of both sides, the blicks of both sides,

(hereinafter referred to as “instant accident”) B. The deceased’s death is called “instant accident.”

The Plaintiffs asserted that the deceased’s children died due to occupational accidents, and claimed the bereaved family’s benefits and funeral expenses. However, on May 9, 2014, the Defendant rendered a disposition on the bereaved family’s benefits and funeral expenses on the ground that the deceased’s death appears to have been caused by aggravation of personal factors, and that the relationship with his/her duties cannot be recognized.

(hereinafter “Disposition in this case”). [Grounds for recognition] A] The fact that there is no dispute, Gap’s evidence Nos. 1 through 3, 5, Eul’s evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiffs asserted that they worked as security guards for 24 hours in the apartment of this case for about 7 years. Of the deceased’s duties, they received a large amount of ordinary stress due to the occurrence of a garment with the occupants of the apartment of this case in relation to the delivery of home distribution or garbage separation and removal.

Around 10:00 am on the day of the instant accident, there was a serious dispute over the problem of separation and removal of wastes between one occupant and the occupant, and immediately after the insultd by the occupant, the instant accident constitutes occupational accidents.

Therefore, the instant disposition made on a different premise is unlawful.

(b) Entry in the attached Form of relevant statutes;

C. On August 28, 2006, the Deceased’s present working condition of the deceased, the accident of this case commences on the apartment of this case.