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(영문) 서울행정법원 2015.12.03 2015구합65490
유족급여및장의비부지급처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

On September 17, 1996, Plaintiff A’s husband and Plaintiff B’s father who were the process of the instant disposition had been employed as the operator of the household waste transport vehicle by entering the business environment development of the KCAB (hereinafter “instant company”) in the process of the instant disposition.

C On May 5, 2014, around 22:20, 2014, at the inside of his house, was found to have been dead on May 6, 2014 on the following day. As a result of the autopsy, the private person was presumed to have suffered from the Hemical heart disease.

(hereinafter “C.” The Plaintiffs asserted that the death of the deceased was an occupational accident and claimed for the payment of survivors’ benefits and funeral expenses to the Defendant around that time. On June 4, 2015, the Defendant rendered a disposition of survivors’ benefits and funeral funeral expenses on the ground that it is difficult to recognize a proximate causal relationship between the deceased’s private person and his/her work.

(hereinafter “Disposition in this case”). [The grounds for recognition] did not dispute, Gap evidence Nos. 4 and Eul evidence Nos. 3, and the purport of the overall arguments and arguments as to the legitimacy of the Disposition in this case, the deceased asserted that the Disposition in this case was legitimate, but, since January 2014, the deceased claimed serious fall short of the age and body of water as he had worked on Saturdays. Furthermore, since working hours were very serious, physical and mental roads caused by the increase of occupational burden during the short period prior to the occurrence of the occurrence of the incident, and the deceased died of a breathic heart disease.

Therefore, the death of the deceased has a proximate causal relationship between his duties and the disposition of the Defendant of this case is unlawful on a different premise.

Facts of recognition

The deceased, such as the health condition of the deceased, were smoked up to half a day for a period of ten years, the state of normal health was good, and there was no medical treatment due to herthic heart disease as a private person.

The deceased's working hours and work details.

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