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(영문) 서울행정법원 2014.06.19 2013구합59989
유족급여및장의비부지급처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff was in fact in a marital relationship with the deceased B (hereinafter “the deceased”).

On September 1, 2006, the Deceased was employed by Korea Management Corporation and performed the duties of managing facilities, such as electricity, equipment, landscaping, etc., and civil petition treatment, as a facility manager, at the Silung-si management office (a approximately 1,200 households are residing in approximately 410 households; hereinafter “the apartment of this case”).

B. The Deceased and the instant apartment security guards, etc. worked in the instant apartment from September 18, 2012 to September 21, 2012, and the Deceased worked in the first place on September 19, 2012, and the Deceased worked in the first place from around 07:00 to around 11:30, and from around 14:00 to around 17:15, respectively. On September 21, 2012, the Deceased and the instant apartment security guards worked in the first place during the same hours.

At the time, the deceased mainly performed the merat work and laid the merat.

On September 18, 2012 and September 20, 2012, when the deceased did not work, D, who worked in shifts with the deceased, performed the first work.

C. After completing the first work on September 21, 2012, the Deceased was used in a toilet while performing night duty.

D Around 07:00 on September 22, 2012, the deceased was discovered and sent to a nearby hospital. However, on September 29, 2012, the deceased died due to the loss of brain function as a chief secretary, a high level of brain side, a chief secretary, and a direct death.

On January 14, 2013, the Defendant refused to pay bereaved family benefits and funeral expenses to the Plaintiff on the ground that the death of the deceased does not constitute an occupational accident.

(hereinafter “instant disposition”) e.

The plaintiff filed a request for review to the defendant on April 2013, but was dismissed on June 21, 2013, and filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee.

[Ground of recognition] Unsatisfy, Gap evidence 1 through 5, Gap evidence 12 through 14, and

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