logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2015.08.13 2014구합75070
유족급여 및 장의비 부지급 처분 취소
Text

1. On April 23, 2014, the Defendant’s disposition of bereaved family benefits and funeral expense against the Plaintiff shall be revoked.

2...

Reasons

1. Details of the disposition;

A. B (hereinafter “the deceased”) obtained approval from the Defendant as an occupational accident on October 2012, 2012, “B” (hereinafter collectively referred to as “the instant injury and disease”), including the following: (a) the Defendant’s “TW 4-5 pages” and the “TW 5-TW 1 pages 4-5” (hereinafter collectively referred to as “the instant injury and disease”).

B. The Deceased committed suicide on July 23, 2013, which was hospitalized in Yeongdeungpo-gu Hospital as the instant injury to the disease, and was under medical care.

C. On March 25, 2014, the Plaintiff, as the deceased’s spouse, claimed bereaved family benefits and funeral expenses to the Defendant.

On April 23, 2014, the Defendant rendered a disposition of bereaved family's benefits and funeral expenses on the ground that the suicide of the deceased does not constitute self-harm in a state of mental disorder caused by an occupational accident.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s Evidence Nos. 1, 2, 7, Eul’s Evidence Nos. 1, 7, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The term "occupational accident" in Article 37 (1) of the Industrial Accident Compensation Insurance Act refers to an injury, disease, physical disability, or death of an employee who was caused by his/her duties during the performance of his/her duties, and there is a proximate causal relation between the duties and the disaster.

The proximate causal relationship should be proved by the assertion of it, but it should be viewed as proved if the proximate causal relationship is recognized from the normative point of view even if the proximate causal relationship is not necessarily proved by medical or natural science.

In the event that an employee commits suicide, a proximate causal relation is found between his/her duties and death when the worker is presumed to have committed suicide in a situation where the worker's normal perception ability, choice ability, mental suppression ability, or considerable decrease is impossible due to the occurrence of occupational disease or occupational stress overlaps with the main cause of the disease.

arrow