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(영문) 서울행정법원 2017.04.27 2016구합728

유족급여및장의비부지급처분취소

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On March 16, 2015, the defendant's disposition of bereaved family's benefits and funeral expense against the plaintiffs is revoked.

Reasons

1. Details of the disposition;

A. From November 14, 2013, the deceased C (hereinafter “the deceased”) was engaged in the business of packaging and transport of animals as employees belonging to D (hereinafter “instant enterprise”).

B. On November 25, 2013, the Deceased was discovered from the stairs adjacent to the elevator 15th floor of the above apartment, and was transferred to the nearest F Hospital, but the deceased died at around 17:50 on the following occasions: (a) on November 25, 2013, the deceased was in charge of the packing and transportation of the removed goods in Dobong-gu Seoul Metropolitan Government E apartment 102, 1501 (hereinafter “the apartment of this case”).

C. On November 6, 2014, the Plaintiffs, who were the children of the Deceased, asserted that the death of the Deceased constituted occupational accidents, and filed a claim for the payment of survivors’ benefits and funeral expenses to the Defendant.

Accordingly, on March 16, 2015, the Defendant rendered a disposition of bereaved family benefits and funeral site expenses (hereinafter “instant disposition”) against the Plaintiffs on the ground that “the deceased’s death appears to be due to acute personality death, chronic dynamics are confirmed, and it is difficult to deem that there was a chronic fault, making it difficult to view that there was a low business relationship.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, Eul evidence Nos. 1, 2, and 10, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The purport of the Plaintiff’s assertion was that the Deceased died of physical or mental division due to the rapid change in the business environment on the day of the death, the increase in business burden over the short period prior to the death, and the chronic excessive work.

Therefore, since there is a proximate causal relationship between the deceased’s work and the death, the instant disposition is unlawful.

B. The details of the relevant statutes are as shown in the attached statutes.

C. The "occupational accident" under Article 5 subparagraph 1 of the Industrial Accident Compensation Insurance Act refers to an accident caused by the worker's performance of his/her duties, and thus there is a causal relationship between the business and the disaster. In this case, the causal relationship should be attested by the party asserting it.