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(영문) 서울행정법원 2018.04.13 2016구합72686
유족급여및장의비부지급처분취소
Text

1. On May 24, 2016, the Defendant’s disposition of survivors’ benefits and funeral expenses against the Plaintiffs is revoked in entirety.

2...

Reasons

Details of the disposition

On November 29, 2010, the deceased C (hereinafter referred to as “the deceased”) was a worker employed in D Co., Ltd. (hereinafter “instant company”), and committed suicide on December 14, 2014 at the Gyang-si’s residence located in E-si around 18:00.

Plaintiff

A is the mother of the deceased, and the plaintiff B is the father of the deceased.

On August 13, 2015, the Plaintiffs filed a claim against the Defendant for the payment of survivors’ benefits and funeral expenses on the ground that the deceased died on the ground of his duties. However, on May 24, 2016, the Defendant rendered a disposition on the survivors’ benefits and funeral expenses (hereinafter “disposition of this case”) on the ground that “the deceased may have a conflict in the workplace with respect to his/her duties as an individual with a personal person who had been treated with various mental disorders, such as depression, corrosion, and alcohol issues before his/her membership, but it seems that it would cause serious depression in quantity and quality compared to ordinary conflicts in the workplace of the workers engaged in the same kind of duties, and that it would not be likely to cause suicide, and that his/her personal person appears to have an influence on suicide and that it is difficult to recognize that the deceased committed suicide in a mental or abnormal state related to his/her duties.”

[Grounds for recognition] Facts without dispute, Gap evidence No. 1, the purport of the entire argument, and the purport of the disposition of this case are legitimate, and the deceased's assertion that the disposition of this case is legitimate due to frequent change of work after entering the company of this case, caused the aggravation of depression that was suffering from the past due to bullying in the workplace and his superior responsibilities in the state of being in charge immediately before the death, and caused suicide. Thus, suicide of the deceased constitutes occupational accident, since the suicide occurred in the state where normal recognition ability has been significantly deteriorated due to depression aggravated in the course of his work.

Facts of recognition

The deceased’s academic background, career, and work history shall be the deceased on 203.

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