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(영문) 울산지방법원 2018.05.03 2016구합5772

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. The Plaintiff is a father of the deceased B (hereinafter “the deceased”).

B. On September 18, 2015, the Deceased was found to have been on the following day after returning home after completing the 22:0 plenary session on September 18, 2015 while serving in C.

C. As a result of the autopsy of the National Institute of Scientific Investigation on the Deceased, it was found that it was presumed to be “the head of the Agency’s rate of annual visa.”

On January 22, 2016, the Plaintiff claimed the bereaved family’s benefits and funeral expenses to the Defendant, and on April 11, 2016, the Defendant rendered a decision on site price as to the Plaintiff’s application on the ground that there is no proximate causal relation with the deceased’s work.

(hereinafter “Disposition of this case”). 【Disposition of this case’s ground for recognition of this case’s existence of no dispute, Gap’s evidence Nos. 1 through 5, 14, Eul’s evidence No. 1, Eul’s evidence No. 2-1 through 4, and the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was determined as a dispatched overseas from C immediately before the death and was under severe stress as his duties, and thus, the death of the deceased is recognized as a proximate causal relation with his duties.

Therefore, the defendant's disposition of this case is unlawful.

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

(c) Determination 1) In fact, the deceased's work relationship (i.e., the date of his/her work experience): The work in charge of ship pipeline design: the work hours of the regular employee (five days a week): 08:0 to 18:00 hours: one hour and twenty minutes (the number of hours 12:0 to 13:00, 10: 10 to 10:10, 15:00 to 15:10), and 17:30 to 18:00 if he/she works for at least 20:0,000, the number of the deceased, including the number of members in charge, was 17:30 to 18:00 in his/her work: (the hours 07:17 to 18:10) after his/her ordinary work, and the number of the deceased, including the deceased, was 17:30 to 200, and the deceased was 18:20,000 from his/her name 2.