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(영문) 서울행정법원 2018.12.20 2018구합77449

유족급여및장의비부지급처분취소

Text

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. A. Around January 2013, the Plaintiff’s spouse B (CB; hereinafter “the deceased”) entered D (hereinafter “instant workplace”) and worked as a press box.

B. At around 07:20 on May 25, 2017, the Deceased complained of and used for a scarcity while preparing to work at home, and was transferred to E Hospital by the 119 emergency squad.

C. On June 7, 2017, the Deceased was hospitalized in the foregoing hospital, and died around 22:15 on the day of being treated.

The death diagnosis report on the deceased is written as a direct death, a par-dact showor, a middle-line showor, and an acute cardio-dactivity color as a pre-dactor.

On September 28, 2017, the Plaintiff requested the Defendant to pay survivors’ benefits and funeral expenses. However, on January 15, 2018, the Defendant rendered a disposition of survivors’ benefits and funeral funeral expenses on the ground that “In full view of the investigation details, standards for recognition, and the results of deliberation by the Committee for Determination of Occupational Diseases in Minor Areas, the causal relationship between the business and the death is not recognized,” on the ground that “the Defendant rendered a disposition of survivors’

(hereinafter “instant disposition”) e.

On March 6, 2018, the Plaintiff dissatisfied with the instant disposition and filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee. On May 24, 2018, the Industrial Accident Compensation Insurance Reexamination Committee did not confirm the special circumstances that there was a sudden change in the business environment to the extent that it may cause a sudden and unexpected change in the business environment or in relation to the work, or a tension, interest, blanks, plays, etc., to the extent that it is difficult to predict that there was a sudden and unexpected change in the business environment within 24 hours prior to the occurrence of the network. In addition, it is not verified that there was an excessive physical and mental burden even after examining the average working hours per week between four weeks and twelve weeks prior to the occurrence of the occurrence.

In addition, the deceased's work is physical.