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(영문) 서울행정법원 2017.07.14 2016구합77377
유족급여및장의비부지급처분취소
Text

1. On April 21, 2016, the Defendant’s disposition of bereaved family benefits and funeral expense against the Plaintiff shall be revoked.

2...

Reasons

1. Details of the disposition;

A. On February 16, 2015, the Plaintiff’s husband (hereinafter “instant accident”), was a worker who had worked in a C hospital, and was found to have been laid down on the floor of the clinical pathology office and was under treatment on a shotum, and was killed (hereinafter “instant accident”). On February 17, 2015, around 16:19, the Plaintiff died (hereinafter “instant accident”).

B. On October 19, 2015, the Plaintiff filed a claim with the Defendant for the payment of bereaved family benefits and funeral expenses by asserting that the instant accident was an occupational accident. However, on April 21, 2016, the Defendant rendered a disposition of bereaved family benefits and funeral site expenses (hereinafter “instant disposition”) on the ground that “it is difficult to recognize the proximate causal relationship between the deceased’s work and the instant accident.”

C. As to this, the Plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but was dismissed on September 2, 2016.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 3 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was accumulated in the C Hospital in office at the time of his death and was under excessive stress. Since such occupational course, etc. was caused by acute heart funeral, there is a proximate causal relationship between the instant accident and the deceased’s work.

Therefore, although the accident of this case constitutes occupational accidents, the defendant's disposition rejecting the payment of bereaved family's benefits and funeral expenses to the plaintiff is unlawful.

(b) Entry in the attached statutes of the relevant statutes;

C. The “occupational disease” included in the “occupational accident” under Article 5 subparag. 1 and Article 37 of the Industrial Accident Compensation Insurance Act is related to the treatment of, or exposure to, the factors that may cause the worker’s health disorder in the course of performing his/her duties, the disease caused by the occupational injury, and other duties.

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