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(영문) 서울행정법원 2016.11.11 2016구합841
유족급여및장의비부지급처분취소
Text

1. On July 20, 2015, 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. From November 11, 2014, the Plaintiff’s husband (CB, hereinafter “the Plaintiff’s husband”) worked as a worker on a daily basis at the new construction of a vinyl farm with the wife population DFFC, Inc., Ltd., an agricultural company’s military self-employed farmer, as an employee from the date of the new construction of a vinyl farm.

B. On December 6, 2014, at around 16:20, the Deceased died on December 8, 2014, when used in performing the installation work of a bridge at the site of plastic houses, and was transferred to 119 and received treatment.

In the deceased's death diagnosis report, the preceding death of the deceased is a prop set-off blood, a severe brain, and a direct death is brain liver.

C. The Plaintiff filed a claim against the Defendant for the payment of survivors’ benefits and funeral expenses on the ground that the deceased’s death constitutes occupational accidents. However, on July 20, 2015, the Defendant rendered a decision on the payment of survivors’ benefits and funeral funeral expenses (hereinafter “instant refusal disposition”) to the Plaintiff on the ground that “the Plaintiff, on the ground that there was no sudden or unexpected change in the situation of the occurrence or difficult work environment prior to the occurrence of the deceased, and it is difficult to recognize the deceased’s death due to short-term and chronic fault and it is impossible to recognize the death due to an occupational reason because of the

[Ground of recognition] Facts without dispute, Gap evidence 2, Gap evidence 3-1, 2, and Gap evidence 12, the purport of the whole pleadings

2. Whether the rejection disposition of this case is legitimate

(a) The details of the relevant statutes are as shown in the attached statutes;

B. 1) In fact, the deceased had been working for the manufacture of a vinyl for about 20 years, and the deceased had installed a vinyl house at the sloping farm, which was ordered by the KunF Co., Ltd., in the new site of the mushroom farm, in which E was employed as a day duty and without obstacles.

B) The above plastic house installation work was normally conducted in the floor of the floor, and the deceased was used in the work to cover the luminous shielded. (C)

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