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(영문) 서울행정법원 2015.04.30 2014구합70969
유족급여및장의비부지급처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

On March 1, 2012, B, who is the husband of the Plaintiff, was a medical specialist of emergency department, and was employed as the head of the emergency center as a medical corporation C Medical Foundation D Hospital (hereinafter “Nonindicted hospital”).

B On February 27, 2014, at around 22:10, the hospital employees and singing rooms were found to have no awareness of being imprisoned, and the hospital was sent back to the hospital after emergency measures but was confirmed to have died.

(2) On June 9, 2014, the Plaintiff filed a claim for the payment of survivors’ benefits and funeral expenses to the Defendant on June 9, 2014, by asserting that the deceased died of overwork and stress due to his work. On September 16, 2014, the Defendant rendered a disposition of survivors’ benefits and funeral funeral expenses to the Plaintiff on September 16, 2014 on the ground that “it is difficult for the deceased to be deemed that the deceased died due to work experience or stress.”

(hereinafter “instant disposition” (hereinafter “instant disposition”), without dispute, the Plaintiff’s assertion as to the legitimacy of the instant disposition and the purport of the entire statement and pleading of the evidence No. 1, and the Plaintiff’s assertion as to the legitimacy of the instant disposition, is due to extreme excessive work and stress in the treatment and administrative work while serving as the head of the emergency center of the Non-Party hospital’s emergency center. This led to frequent verbal abuse, assault, and transfer of duties due to severance from employment at the time of death of the patient in an emergency room and his/her guardian, and thus, the stress was aggravated.

Therefore, the death of the deceased constitutes occupational accidents, and the disposition of this case by the defendant who refused the payment of survivors’ benefits and funeral expenses on different premise is unlawful.

It shall be as shown in the attached Form of the relevant statutes.

Facts of recognition

On March 1, 2012, the deceased’s death report entered into an annual salary contract with a non-party hospital on March 1, 2012 with a medical specialist of emergency department, and thereafter, the non-party hospital.

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