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(영문) 서울행정법원 2015.05.08 2013구합3627
유족급여부지급처분취소
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. On February 1, 1996, the network B (hereinafter “the network”) joined the company C (hereinafter “instant company”) and was in charge of the overseas business division for system automatic control and construction management and new projects.

B. From November 30, 2011, the Deceased began to appear in his body, and was sent back to the hospital rapidly due to the aggravation of his or her condition, such as going beyond his or her body on December 3, 201 and the reaction of the horses to be asked, etc.

In a hospital, the hospital was hospitalized after the diagnosis of “malconium, low-carbon cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Organisms, or cerebral cerebral cerebral cerebral cerebral cerebral cerebral Organisms in which the cause of

(hereinafter “the instant death”). C.

On November 22, 2012, the Defendant rendered a disposition of bereaved family's benefits and funeral expenses on the ground that the Plaintiff, the spouse of the Deceased, was not aware of the cause of death, according to the opinion of experts, such as The Committee for Determination of Occupational Diseases, occupational and environmental department, and film department, and that there is no significant relation between the deceased's work environment and work contents.

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, entry of Gap evidence Nos. 1 and 2, and purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was made during the period from April 5, 201 to October 30, 201 as a result of the instant company’s business operations, to an area where hygiene conditions, such as physical health issues, Cambodia, and Vietnam, are not good, for a total of 109 days.

The brain infection was infected in overseas business trips and the immunity was deteriorated for a long time due to overseas business trips or business in Korea.

Even if the deceased’s death is not related to brain infection, the deceased shall be deemed to have died due to occupational tasks, such as frequent overseas business trips and night work, etc. of the company of this case.

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