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(영문) 서울행정법원 2015.08.21 2014구합60245 (1)

유족급여및장의비부지급처분취소

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1. The disposition that the Defendant rendered against the Plaintiff on November 11, 2013 as the bereaved family benefits and funeral expenses shall be revoked.

2...

Reasons

1. The summary of the case and the facts premised on the case

A. The summary of the instant case pertains to the Plaintiff’s claim for the payment of survivors’ benefits and funeral expenses based on the Industrial Accident Compensation Insurance Act against the Defendant, by asserting that C, the husband of the Plaintiff, who had worked in the Dispute Settlement Bank B (hereinafter “the deceased”), committed suicide on August 10, 2012 due to his/her occupational reason, but upon receiving a decision not to pay the survivors’ benefits and funeral expenses, seeking revocation of the disposition rejecting the payment of survivors’ benefits and funeral expenses

B. On January 5, 2010, a business operator, such as the Seocho Internet service established on January 26, 200, and was merged with the LABF, and the LAF changed its trade name to B on June 29, 2010.

(2) The deceased is a person who worked in B (F) from January 1, 2010 to June 29, 2010, and the plaintiff is a spouse who has reported the marriage with the deceased.

(3) On August 10, 2012, the Deceased sent out a mobile phone textbook to the wife Nam G to “to our children and to request their wife well,” and died on the same day at around 07:29 on the same day, the Deceased’s own projected on the 102-dong H apartment rooftop, Gangnam-gu, Seoul, where the Plaintiff and two children were living.

(4) On May 27, 2013, the Plaintiff filed a claim against the Defendant for the payment of survivors’ benefits and funeral expenses on the ground that the deceased died due to an occupational reason. However, the Defendant rendered the instant disposition rejecting the payment of survivors’ benefits and funeral expenses on November 11, 2013.

(5) The Plaintiff filed a request for reexamination with the Reexamination Committee on Industrial Accident Compensation Insurance, but was dismissed on February 21, 2014.

【Evidence Class 1, 2, 3, 5 Evidence, and Category 1 through 4 (including numbered evidence; hereinafter the same shall apply)

2. The issues of the instant case and whether the suicide of the deceased alleged by the parties constitutes death due to an occupational reason (the Plaintiff’s assertion)