beta
(영문) 서울행정법원 2017.06.15 2016구합74392

유족급여및장의비부지급처분취소

Text

1. On March 7, 2016, the disposition that the Defendant rendered against the Plaintiffs on March 7, 2016 as bereaved family benefits and funeral site wages shall be revoked.

2...

Reasons

1. Details of the disposition;

A. On November 20, 200, Plaintiff A’s husband, Plaintiff B, and Plaintiff C’s father (hereinafter “the deceased”) joined E Co., Ltd. (hereinafter “E”) and worked as a director in the Seoul Business Headquarters, Gangnam Women’s Credit Management Team from January 1, 2015 to the Seoul Business Headquarters’s transfer management team.

B. Around 20:20 on June 16, 2015, the Deceased complained of and used for a forum at the office. Around 20:20, the Deceased was sent to the emergency room of the Seoul Asan Hospital by the 119 first aid team, which was sent by the workplace club’s report, and was diagnosed for a prop-off transfusion, and was transferred to the Gan National University Hospital, and was killed on June 19, 2015 by the 119 first aid team.

(hereinafter referred to as “instant disaster”). C.

On December 29, 2015, the Plaintiffs filed a claim against the Defendant for the payment of survivors’ benefits and funeral expenses on the ground that the deceased’s death constitutes an occupational accident. However, on March 7, 2016, the Defendant rendered a decision on the amount of survivors’ benefits and funeral expenses to the effect that “it is difficult to deem that there was a sudden change in business operations to the extent that the deceased’s work experience for at least 14 years was unexpected and difficult, considering that there was a sudden change in business operations in view of the deceased’s work experience for at least 14 years, and that there was no other occupational short-term and chronic fault confirmed, and that the disease was suspected of high blood pressure in the health examination from 2011 to 2013.”

(hereinafter referred to as “instant disposition”). [Grounds for recognition] The fact that there is no dispute, each entry in Gap evidence 1 through 3 (including each number), and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

(a) as shown in the Attachment of the relevant statutes;

B. 1) The Deceased’s work details, etc. are as follows: (a) On November 20, 200, the Deceased was employed in E on November 20, 200 and worked in E’s store (water station, etc.); and (b) from 2003, the card planning team and the card promotion team are issued as the central headquarters card business division.