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(영문) 서울행정법원 2018.06.01 2017구합68820

유족급여 및 장의비 부지급 처분취소

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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. On March 9, 2016, the Plaintiff’s ASEAN (CB; hereinafter “the deceased”) concluded a labor contract with a magnetic company on behalf of the Plaintiff (hereinafter “alternative”) and dispatched it to the Korea M&M factory located in the Gunsan City (hereinafter “instant factory”) and took charge of the duties, such as driving, etc. of the Plaintiff.

B. At around 07:50 on November 2, 2016, the Deceased was discovered in a state where he was deprived of consciousness in the ship charging room in the instant plant.

The Deceased transferred to a D Hospital located near the same day at around 08:16, but died at around 08:52 on the same day.

C. The autopsy of the National Institute of Scientific Investigation, who conducted the autopsy of the deceased, determined that the deceased’s private person was “the heart’s death due to the heart’s disease.”

On January 18, 2017, the Plaintiff asserted that there was a proximate causal relation between the deceased’s work and death, and claimed the Defendant to pay survivors’ benefits and funeral expenses.

However, on April 10, 2017, on the ground that there is no proximate causal relation between the deceased’s work and the death, the Defendant issued a disposition of bereaved family’s benefits and funeral site expenses (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 7, 8, Eul evidence 1 and 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion of this case should be revoked on the grounds that the disposition of this case is unlawful on the following grounds.

1. In full view of the fact that IM did not take any special relief measures other than performing cardiopulmonary resuscitations to the deceased through the intra-company first aid team, the deceased was able to have died after being reduced in the course of performing boom replacement work, the deceased was 40 minutes or left alone in the state of being used by the deceased, the deceased performed the foregoing work on his part, and the deceased did not wear the safety gear at a proper level.