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(영문) 서울행정법원 2014.12.19 2014구합212
유족급여및장의비부지급처분취소
Text

1. The Defendant’s disposition of compensation for survivors and funeral expenses against the Plaintiff on October 4, 2013 shall be revoked.

2...

Reasons

Details of the disposition

On May 10, 2004, the deceased B (hereinafter referred to as the “the deceased”) joined the Korea Buddhist Family Welfare Foundation (hereinafter referred to as the “Support Foundation”) and served in the D Senior Welfare Center operated by C under the Support Foundation. On June 30, 2013, he was killed at around 18:35 while attending the Masansan Games hosted by the Support Foundation C, which was organized by the Support Foundation C, and was born at around 18:26 while being sent back to the hospital.

In the body examination report on the deceased, the private person of the deceased is recorded as “unexploitive”.

On October 4, 2013, the Plaintiff claimed the bereaved family’s benefits and funeral expenses against the Defendant as the deceased’s spouse, but the Defendant rendered the bereaved family’s benefits and funeral expenses (hereinafter “instant disposition”) against the Plaintiff on the ground that the causal relationship between the deceased’s death and his/her duties is not recognized.

The Plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but the Industrial Accident Compensation Insurance Reexamination Committee dismissed the Plaintiff’s request for reexamination on November 21, 2013, and on November 27, 2013, sent the said decision to the Plaintiff.

[Based on the recognition] The facts without dispute, Gap evidence Nos. 1 through 4, and 17 (including the number of branches), and the purport of the entire pleadings, the purport of the disposition of this case is legitimate, and the deceased's assertion that the disposition of this case is legitimate, is a person who has no disease with a cardio-cerebrovascular, and the physical activities have been caused by a rapid increase in physical activities by holding a sports event on the same day in the workplace.

All of the above sports events are overtime keepers, and therefore, the causal relationship between the death and the work of the deceased is recognized, but the defendant judged otherwise, and thus, the disposition of this case is unlawful.

In fact, the Deceased started to work in the D Elderly Welfare Center from May 10, 2004.

The deceased works as the head of the facility team of the D Older Persons Welfare Center at the time of his death.

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