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(영문) 서울행정법원 2021.03.11 2020구합60499
유족급여 및 장의비 부지급 처분 취소청구의 소
Text

1. The Defendant’s disposition on July 1, 2019 against the Plaintiff’s survivor’s benefits and the funeral’s non-place pay is revoked.

2. The costs of lawsuit shall be.

Reasons

Details of the disposition

B (C) On September 11, 2018, when 11:00, while serving as security guards in Gyeong-si apartment located in Gyeong-si, Chungcheongnam-si, North America, it was found that the security guards are seated in the seat of the security room.

19 Emergency medical services sent to a hospital, but died at around 11:40 on the same day.

As a result of the autopsy, the private person is presumed to be a acute heart funeral (including the possibility of being acutely serious scarving) related to the heart beer and beer.

The plaintiff is the spouse of B (hereinafter referred to as “the deceased”).

On July 1, 2019, the defendant judged that the deceased died by his personal risk factors, not his work factors.

For the reason that it is difficult to recognize a causal relationship between the business and death, the bereaved family benefits and the head of the non-land-based disposition (hereinafter “instant disposition”) was made (hereinafter “the ground for recognition”). [In the absence of dispute, the respective entries in Gap’s evidence Nos. 1 through 4, 10, 12, and Eul’s evidence Nos. 1, 3, and 5, and the entire purport of the pleadings are as shown in the attached Form of the relevant statutes.

As a result of examining the facts of Gap's evidence, Gap's evidence Nos. 6 through 9, 15, 18, Eul's evidence No. 4, witness E's testimony, and D apartment management office, in full view of the purport of the whole pleadings, the deceased bears a significant portion of the work performed by the head of the management office as follows, and the resident's verbal abuse, etc. can be acknowledged as a problem of parking lot management (du parking) around the time of death.

① The instant apartment management office and two security guards were in charge of the management duties, and the head of the management office retired from office from April 2018 for the purpose of reducing management expenses.

After the retirement of the Director of the Management Office, there are two security guards with the exception of the duties of the Director of the Management Office (such as early works, cell works, disease control works, chemical management, landscaping, and daily maintenance and management response of resident residents).

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