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(영문) 서울행정법원 2020.10.29 2019구합64396
유족급여및장의비부지급처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Details of the disposition

The deceased B (hereinafter referred to as the "the deceased") suffered from an occupational accident on September 20, 206, the injury and disease of "the brain cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral, cerebral cerebral mastal mastal mastal mastal mastal mastal mastal mastal mastal mastal mastal mastal mastal mastal mast, etc.", and received disability compensation annuity after receiving medical treatment until November 16, 207 and receiving the decision of disability grade 3.

The plaintiff is the deceased's spouse.

On August 10, 2018, the deceased was found to have lost consciousness in his/her residence on or around 06:26, and the first responder of his/her Eunpyeong Fire Station was dispatched after receiving a report, but the deceased died without birth.

On August 20, 2018, the Plaintiff asserted that the death of the deceased was caused by an occupational accident, and claimed for the payment of survivors’ benefits and funeral expenses. However, on November 21, 2018, the Defendant rendered a disposition to refuse the payment of survivors’ benefits and funeral expenses on the ground that there was no causal link between the waste collection certificate suspected of being a private person of the deceased and the “foreign cerebral cerebral cerebral cerebral cerebral cerebr, cerebral cerebral cerebral cerebr, etc.

(hereinafter “instant disposition.” The Plaintiff filed a petition for review against the Defendant, but the Defendant dismissed the Plaintiff’s petition for review on April 4, 2019.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 3 and 4, and the purport of the entire argument as to whether the disposition of this case is legitimate or not, the plaintiff's assertion as to the legitimacy of the disposition of this case is a proximate causal relation between the deceased's death and his/her performance.

The occupational accident referred to in the Industrial Accident Compensation Insurance Act refers to an injury, disease, physical disability or death caused by the worker's work while performing his/her duties. Therefore, occupational accident and accident occurs.

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