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(영문) 서울행정법원 2021.02.04 2019구합61540
유족급여및장의비부지급처분취소
Text

The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

The deceased B (hereinafter "the deceased") is a person who works as the vice head from September 2014 to D Co., Ltd. (hereinafter "the company in this case") and has been engaged in research, development, and technical operations. The plaintiff is the deceased's spouse.

On September 12, 2018, the Deceased complained of 22:20 around 22:20 around 22:20 around 20, and the symptoms that her chest return and fire extinguishing should not be performed (hereinafter “the disaster in this case”), and was immediately transferred to the hospital. However, on September 13, 2018, the Deceased died on or around September 11:53, 2018 after her birth.

The Plaintiff asserted that the death of the deceased was an occupational accident, and claimed for the payment of bereaved family benefits and funeral expenses to the Defendant.

However, on January 29, 2019, the Defendant seems to have suffered somewhat stress in relation to the work, but the work environment has changed rapidly, or suffered from a short period or chronic fault.

As can not be seen, the deceased notified the decision rejecting the payment of survivors’ benefits and funeral’s non-payment (hereinafter “instant disposition”) on the ground that a considerable causal relationship between the deceased’s death and his duties is not recognized (hereinafter “the grounds for recognition”). [In the absence of dispute, the Plaintiff’s assertion as to the legitimacy of the instant disposition, including the evidence No. 1 to No. 3, the evidence No. 11, and the entire purport of the pleading, and the entire purport of the argument, the deceased suffered considerable burden due to the lack of supply and demand of raw materials necessary for the production of the instant company at the time of the instant accident.

The deceased frequently performed overtime work, and in particular, there were many cases where the deceased performed overtime work which is not recorded due to the characteristics of the technology business performed by the deceased.

In addition, even if the R&D work performed by the deceased has completed the development of parts, the maintenance and repair work had been followed at all times, and the deceased had no choice but to arrive at the division on a daily basis for the staff to take precedence over the competitor.

The Deceased at the time of the instant accident.

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