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(영문) 서울행정법원 2020.09.11 2019구합51413
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. On May 22, 2012, the deceased B (C.C., hereinafter “the deceased”) entered the company D (hereinafter “instant company”) and worked as a restaurant cook.

B. On June 20, 2015, around 14:06, the Deceased was found to have been used for an act of fire in the underground passage of Section 3 of Jung-gu Incheon, Jung-gu, Incheon.

C. On October 19, 2015, the Plaintiff, a child of the deceased, claimed that the deceased’s death constituted occupational accidents, and claimed the bereaved family’s benefits and funeral expenses to the Defendant, but the Defendant rendered a decision on the bereaved family’s benefits and funeral expenses to the Plaintiff.

The Plaintiff filed a request for examination with the Defendant on February 1, 2016, but was dismissed on February 1, 2016, and the Industrial Accident Compensation Insurance Reexamination Committee filed a request for reexamination to the Industrial Accident Compensation Insurance Reexamination Committee on May 13, 2016.

On May 9, 2018, the Plaintiff filed a claim against the Defendant for the amount of bereaved family benefits and funeral expenses. However, on October 18, 2018, the Defendant rendered a disposition to determine the amount of bereaved family benefits and funeral funeral expenses (hereinafter “instant disposition”) against the Plaintiff on the ground that “it is difficult to see that the relationship between the deceased’s death and occupational career and stress is not recognized in light of the fact that the five-day leave of absence was given before the death, etc., and the causal relation between the deceased’s death and his/her duties is not recognized, since it falls under

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 2 and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was a chronic fruit more than 60 hours per week average of 12 weeks before the death, and there were symptoms, such as bridges and bridge fridges prior to the death. As such, the average service hours per week average of 11 hours per week prior to the occurrence of the pertinent symptoms are 66 hours.

The Deceased applied for non-voluntary leave of absence due to the decrease of tourists in his mers, and was under stressed by the anticipated reduction of benefits.

Therefore, occupational and stress are the existing disease of the deceased.

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