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(영문) 서울행정법원 2017.08.10 2016구합78202
유족보상일시금 및 장의비 부지급처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

From July 29, 2015, C(D) was employed as an employee for support and construction company, and served as a floor-to-floor hole in the “E apartment construction 3 Section.”

C Around 16:50 on July 30, 2015, around 16:50 on the construction site, was found to have been used in stairs between the seven floors of 309 Dong 2 and the eight floors, and died at around 16:5 on the same day.

(C) On September 5, 2016, the Plaintiffs, who are the deceased’s offspring, filed a claim for the payment of lump-sum survivors’ compensation benefits and funeral expenses with the Defendant, but the Defendant rendered a decision on the lump-sum survivors’ compensation benefits and funeral expenses (hereinafter “instant disposition”) on September 21, 2016 on the following grounds:

As a result of the verification of relevant public records, such as a certified copy of resident registration, etc. submitted in relation to the death of the deceased, and the verification of submitted documents, etc., it is confirmed that the mother F resided together with the deceased and used the same livelihood until the time of the death of the deceased. Therefore, it is reasonable to determine the beneficiary of bereaved family benefits following the death as the mother F of the deceased, who is a pension beneficiary, as the beneficiary of bereaved family benefits. Therefore

The defendant requested the Determination Committee of Occupational Diseases to deliberate on whether or not the death caused by the deceased's "unidentification" accident, and the Determination Committee of Occupational Diseases determined as follows:

- In the case of the Deceased, although the autopsy was carried out, the cause of death is unclear, and it cannot be recognized as an occupational course in view of the content of the work before the outbreak, and there is no objective basis to view the death caused by a heat-related disease as alleged by the Plaintiffs, and there is no proximate causal relation with the deceased’s work

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1, 2, and 10 are as shown in the attached Form of the Acts and subordinate statutes in relation to the determination of the overall purport of the pleadings.

According to Article 62 (2) of the Industrial Accident Compensation Insurance Act, whether the plaintiffs are beneficiaries of bereaved family benefits.

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