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(영문) 서울행정법원 2016.10.21 2015구합66738
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’s arche B (C students; hereinafter “the deceased”) is an employee who is in charge of alcoholic beverage delivery, official disease collection, shock air conditioners’ delivery, A/S work, etc., who is employed in a high-win liquor company located in the Go Chang-gun, Chang-gun, Chang-gun, Chang-gun (hereinafter “instant company”).

B. On June 17, 2014, the Deceased was found to have died in the toilet of the instant company on or around 08:20, and the death diagnosis report directly indicated in the death diagnosis report as follows: (a) heart stop for a private person; (b) the middle private person’s pressure on brain; (c) the middle private person’s pressure on brain; and (d) the middle

C. On August 26, 2014, the Plaintiff asserted that the deceased’s death was caused by an occupational reason and claimed payment of survivors’ benefits and funeral expenses to the Defendant. However, on October 20, 2014, the Defendant rejected the payment on the ground that there is no proximate causal relation between the deceased’s death and the work.

(hereinafter referred to as "the disposition of this case") d.

On April 2, 2015, the plaintiff filed a petition for review with the Industrial Accident Compensation Insurance Reexamination Committee, but was dismissed on April 2, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 3 through 5, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was mainly engaged in physical labor that is easily accumulated as excessive. The increase in the sales of the instant company and the injury of franchising who worked together with two persons 1. The Plaintiff’s average working hours per week of the deceased were 61 hours and 10 minutes for 12 weeks before the deceased’s death, but the “matters necessary to determine whether the work hours exceed 60 hours per week average by 12 weeks prior to the death of the deceased” (No. 2013-32 of the Ministry of Employment and Labor’s notification) is deemed to be relevant to the work of outbreak if the work hours exceed 60 hours per week average by 12 weeks prior to the death of the deceased. On the date of death, the Deceased showed symptoms of cerebrovascular, but does not rest.

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