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(영문) 서울행정법원 2015.04.24 2013구합12690

유족급여및장의비부지급처분취소

Text

1. The disposition that the Defendant rendered to the Plaintiff on March 11, 2013 as bereaved family benefits and funeral site pay shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On October 25, 2012, when the network B (hereinafter “the network”) served as a community bus driver in C (hereinafter “instant transportation company”), the network B (hereinafter “the network”) was landed from the bus after completing bus operation to the garage in the public parking lot in the Ansan Arts Park around October 20, 2012.

(hereinafter “instant accident”). The Deceased was sent back to the hospital as an acutely, and was under the diagnosis of “explosion and blood transfusion,” but was unable to recover and died on November 5, 2012.

B. On December 31, 2010, the Plaintiff, the deceased’s spouse, claimed the bereaved family’s benefits and funeral expenses by asserting that the deceased died due to an occupational accident. However, on March 11, 2013, the Defendant rendered a disposition on the bereaved family’s benefits and funeral funeral expenses to the Plaintiff on the ground that “the cause of the deceased’s death was attributable to the injury that the deceased died due to the death of the deceased’s own aftermath, and it is difficult to presume that the cause of the death was attributable to the injury caused by an occupational accident without confirming the disease or any other medical cause.”

(hereinafter referred to as “instant disposition”). [Grounds for recognition] . [In the absence of dispute, entry in Gap’s Evidence Nos. 1 through 3, 6, and 7 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. 1) The Deceased worked as a driver of a general bus, and the Deceased was on August 30, 2008 after his retirement from office on August 30, 2008, and operated a community bus by joining the instant transportation company from March 19, 2010.

B) From 06:00 to 22:30, the Deceased operated a village bus on the route of “Sayang Arts Park Anyang-Sayang-Sayang-Sayang-Sayang-Sayang-Sayang-Sayang,” and the next day worked on a day off. The duties of the team leader of the instant transportation company were also taken charge of the instant accident before five months prior to the instant accident. C) The detailed details of the instant accident transfer.