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(영문) 서울행정법원 2016.04.15 2014구합65752
유족급여및장의비부지급처분취소
Text

1. The disposition that the Defendant rendered to the Plaintiff on December 13, 2013 as bereaved family benefits and funeral expenses shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On May 1, 1991, B (C) who is the spouse of the Plaintiff had been employed in the Dental laboratory on May 1, 1991 (hereinafter “instant plant”).

B. B, around 15:00 on February 21, 2012, complaining for the breast-feeding card, and went back to the instant business establishment after being treated at the Chungcheong Hospital of the National University, and was discovered on the road near the instant business establishment, and was transferred to a hospital at around 16:09 on the same day, but died at around 16:45 on the same day.

(hereinafter referred to as “the deceased”). (c)

The Plaintiff asserted that the deceased’s death constitutes an occupational accident and claimed the bereaved family’s benefits and funeral expenses to the Defendant. However, on December 13, 2013, the Defendant rendered a decision on the bereaved family’s benefits and funeral’s site payment (hereinafter “instant disposition”) on the ground that “the deceased’s physical and mental burden cannot be deemed to have been significantly borne by his/her business. Moreover, it is medically determined that there was an existing disease, such as blood transfusion as a result of health examination, but it is naturally aggravated due to his/her personal cause, such as long-term smoking, etc., and thus caused death, and thus, it is determined that there is no proximate causal relation between his/her duties and his/her duties.”

The Plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but the said Committee dismissed the request for reexamination on May 15, 2014, based on the same purport as above.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 5, 9, 10 certificates (including branch numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion, as a general manager of the instant workplace, was engaged in overtime work every day in order to meet the payment period of the object, and was in excess of the average of 65 hours per week between 12 weeks before the death. The Deceased was in charge of the heart.

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