유족급여불승인처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff’s husband’s husband B (hereinafter “the deceased”) was found to have died from the guard guard around December 26, 2013 while entering the Home well-being Co., Ltd. and serving as security guards in C apartment, which was discovered.
(hereinafter “instant disaster”). (b)
On March 27, 2014, the Plaintiff claimed for the payment of survivors’ benefits and funeral expenses to the Defendant, but on May 7, 2014, the head of the Seocho branch office of the Defendant rendered a decision on the payment of survivors’ benefits and funeral expenses against the Plaintiff on the ground that the deceased’s death cannot be recognized as a death on duty under the Industrial Accident Compensation Insurance Act
(hereinafter “Disposition in this case”). / [Ground of recognition] The fact that there is no dispute, Gap evidence Nos. 1, 2, and 10 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. In light of the Plaintiff’s content and strength of the deceased’s assertion, the deceased’s death should be deemed as the death in the course of performing his/her duties, as he/she died due to the sudden aggravation of physical labor and mental stress beyond natural progress.
Therefore, the instant disposition is unlawful.
(b) as shown in the attached Form of the relevant statutes;
C. 1) The Deceased’s work content and work environment were performed as C apartment security guards from February 2, 2012 to the date of death, while performing patrol, cleaning, classification and rearrangement of garbage recycled products, management of home appliances, parking management, etc. The Deceased’s work environment was 07:00 to 24 hours after 24 hours from the following day. The Deceased’s work environment was 4 hours from the first instance (12:0 to 13:00), second (18:0 to 19:00), second (22:0 to 00) the night working hours (22:0) the Deceased’s health condition was dependent on his/her urology from May 2004 to the second day, 200 to the second day, 1.3 hours from the first instance, 1.3 hours from the first instance, 205 to the first instance, 1.3 hours from the first instance, 3 hours from the first instance, and 1.0 days from the following day.