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(영문) 서울행정법원 2016.03.24 2015구합55585
유족급여및장의비부지급처분취소
Text

1. On January 20, 2015, the Defendant’s disposition of the bereaved family benefit site level against the Plaintiffs and the funeral expenses against the Plaintiff A.

Reasons

1. Details of the disposition;

A. On May 24, 2004, Plaintiff A’s spouse, Plaintiff B, and Plaintiff C’s father (EE; hereinafter “the deceased”) entered the Hyundai Asian Technology Research Institute (hereinafter “Research Institute”) affiliated with Hyundai Motor Co., Ltd. (hereinafter “instant Research Institute”) and served as a researcher on July 5, 2004, in the field of machart’s team and its first president team, and was promoted from January 1, 2010 to F on January 1, 2013.

Since February 3, 2014, the deceased was in charge of the same duties even after the organizational reorganization.

B. Around 23:00 on May 21, 2014, the Deceased was released from the apartment site located in Songpa-gu Seoul Metropolitan Government, where he was living, and on May 22, 2014, around 09:25, the Deceased was found to have committed suicide by hanging trees in the rest area adjacent to H road in the case of the Deceased’s work.

C. The Plaintiffs, the bereaved family members of the deceased, asserted that the death of the deceased constitutes an occupational accident, and filed a claim for bereaved family benefits and funeral expenses with the Defendant. On January 20, 2015, the Defendant rendered a decision on the payment of bereaved family benefits and funeral site payment (hereinafter “the instant disposition”) to the Plaintiffs on the ground that “The opinions of experts, such as the mental health department and the occupational and environmental department, comprehensively examined the details of the deceased’s duties and the relevant materials, such as the details of the accident, were considerably high, and there is no reason to deem that they were suffering from a serious mental disease in the judgment room. However, it is difficult to find it difficult to deem that they were suicide related to the occupational disease.”

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1, 2, and 7 (including each number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiffs’ assertion is a physical and mental street due to the reduced liability and burden due to the delay in hybrid new development after the reorganization of the instant research institute on February 3, 2014.

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