logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2017.05.12 2017구합55015
유족급여및장의비부지급처분취소
Text

1. On November 22, 2016, the disposition that the Defendant rendered to the Plaintiff on November 22, 2016 as bereaved family benefits and funeral site wages shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. B graduated from Dongdaemun-gu in 1995, and immediately from the date of the final appeal, C Co., Ltd. (C Co., Ltd. established D Co., Ltd. by dividing the aggregate business into parts of the aggregate business around April 2009, and D Co., Ltd succeeded to the employment relationship with B as it is; hereinafter referred to as “D” without distinguishing the period before and after the division; hereinafter referred to as “D”) and performed the business related to ready-mixed business at the place of the first line business, etc. from January 1, 2015, and the director of the planning and financial team set under the D Co., Ltd.’s financial support office has been in charge of the fund-related business affairs.

B. B was discovered at around 07:40 on October 12, 2015 and died at home.

As a result of the autopsy, the private person was judged to be a non-cerebral cerebral typosis (cerebral typosis) under the bottom blood due to cerebral typosis.

C. As a spouse B, the Plaintiff, as a bereaved family, claimed the Defendant for the payment of bereaved family benefits and funeral expenses.

On November 22, 2016, the Defendant notified the Plaintiff of the decision not to pay survivors’ benefits and funeral expenses (hereinafter “instant disposition”) on the ground that the death of B is not recognized as a business cause.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, 6, Eul evidence 5 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion B was caused by overwork and stress, and thus, the death is deemed to be caused by occupational reason, and thus, the instant disposition that was otherwise determined is unlawful.

(b) The attached Form of relevant statutes is as follows.

C. The term “occupational accident” under Article 5 subparag. 1 of the Industrial Accident Compensation Insurance Act refers to an occupational disease caused by the worker’s occupational injury during the performance of his/her duties. Therefore, there must be causation between the occupational and the disease caused by death.

However, the main cause of the disease is the performance of duties.

arrow