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(영문) 서울행정법원 2017.06.16 2016구합9145
유족급여및장의비부지급처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On December 10, 2012, the deceased B (CB, hereinafter “the deceased”), who is the spouse of the Plaintiff, was employed as a production worker on the Gyeongnam Metal Co., Ltd., Ltd. (hereinafter “Gyeongnam Metal”), which is located in Gyeongsung-si, 2012.

On September 10, 2014, at around 05:00, the deceased complained of the breast-child pain and was transferred to a hospital by 119 first aid units, but died around 06:04 on the same day.

The Plaintiff asserted that the death of the deceased constitutes an occupational accident and claimed the payment of survivors’ benefits and funeral expenses to the Defendant.

On June 13, 2016, the Defendant rendered a disposition of bereaved family's benefits and funeral expenses (hereinafter "instant disposition") against the Plaintiff on the ground that the proximate causal relation between the deceased's death and his/her duties cannot be acknowledged as a result of the deliberation by the Committee for Determination of Occupational Diseases.

【The Plaintiff’s assertion as to the legitimacy of the instant disposition, based on the result of the deliberation by the Committee on Determination of Minor Diseases and the Committee on Determination of Occupational Diseases, which did not have any dispute over the grounds of recognition, Gap’s 1, 2, 4, 5, Eul’s evidence, Eul’s evidence Nos. 1 through 3, and the purport of the entire pleadings. The Defendant issued a final decision after the expiration of the period under Article 8(2) of the Enforcement Rule of the Industrial Accident Compensation Insurance Act, and thus, the result of the deliberation by

The Deceased worked for more than 12 hours a week on an average of 72 hours a week as 2 hours a week in a work environment in which metal scrap dust and noise are inferior, and was stressed due to the omission in low benefits and salary increase.

These chronic fault and stress caused the unstable scarcity, and 9.6 and the end of the year immediately before the death; and

9. During the period of July, 199, he/she died of acute scarcity as a result of excessive treatment, and there is a proximate causal relation between the deceased’s death and his/her work.

Attached hereto to the relevant statutes.

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