유족급여및장의비부지급처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. From March 26, 1985, the Plaintiff’s husband’s husband (hereinafter “the deceased”) entered the Korea Railroad Corporation, and was found to be used in the bus stops located in Daegu-dong, Daegu-gu, Daegu-gu, Seoul-dong, Seoul-gu, Seoul-gu, Seoul-gu, and died of cerebral cerebralopy due to the bus stops located in the emergency room before the Daegu-gu, Daegu-gu, Seoul Special Metropolitan Area Headquarters for Safety Corporation (hereinafter “the disease of this case”). On September 24, 2015, the Plaintiff’s husband was diagnosed of “cerebral cerebralopty, external acute acute hemoptysis, two thaloptysis, and two thaloptysis,” and was diagnosed of “the thalopys of this case”).
B. The Plaintiff claimed for the payment of bereaved family benefits and funeral expenses to the Defendant, but the Defendant rendered the instant disposition against the Plaintiff on February 1, 2016, rejecting the payment of bereaved family benefits and funeral expenses on the ground that the deceased’s death does not constitute occupational accidents.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. On September 21, 2015, the Deceased’s assertion that he/she had worked at night after preparing for attendance and attending work on September 21, 2015, where he/she had failed to take the water surface for a long time, such as attending an engine vehicle, engine vehicle again within the office building of the Korea Railroad Corporation after operating the engine, etc., he/she died of an occupational accident caused by an accident on duty.
B. (1) In fact, the Deceased was employed as a father on March 26, 1985 and promoted to an engineer on February 1, 1991. From April 3, 2015 to a father on April 3, 2015, the Deceased was converted from an engineer to an assistant engineer and worked until the date of the disaster.
(2) In the case of the Deceased, the average work hours per week during four weeks and twelve weeks prior to the occurrence of the incident respectively are 33 and 32 hours, respectively, and 9.18 to 9.19.19 (2 days) prior to the date of the occurrence of the incident was closed.
(3) be unexpected and predicted within 24 hours of the date of the occurrence of the accident.