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(영문) 서울행정법원 2014.12.11 2014구합113
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. From January 26, 2012, the net B (Cre; hereinafter “the network”) served as a driver and a general manager of the instant plant at D located in C (hereinafter “E”) of cement brick manufacturing business entity, both reticulate D (hereinafter “instant plant”).

B. On July 1, 2013, the Deceased was at the workplace of this case and was in a sudden fashioned with soil located earlier than the consortium mark, and was transferred to a hospital, but at the time of arrival of the hospital (07:43 on the same day).

A private person on the deceased’s body autopsy report is a “underlying injury”.

C. On September 25, 2013, the Plaintiff, as the wife of the Deceased, claimed that the death of the Deceased constituted “occupational Accidents” as prescribed by Article 5 subparag. 1 of the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”). On September 25, 2013, the Plaintiff claimed payment of survivors’ benefits and funeral expenses from the death of the Deceased.

However, on November 15, 2013, the Defendant issued a disposition on the payment of survivors’ benefits and funeral expenses (hereinafter “instant disposition”) to the Plaintiff on the ground that “The Plaintiff did not recognize a sudden change in the business environment or an increase in the quantity of work, and confirmed the acute fluence in detail of past history, unstable cardio-cerebrovascular, temporary cerebrovascular, and heart failure, etc., and it is determined that there is a proximate causal relation between work and death, given that it is determined that there is no proximate causal relation between work and death.”

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The deceased’s private person should be deemed to have died of overwork and stress. 2) Even if the deceased’s private person is scarcity, high blood pressure, and heart war, it should be deemed that the disease was caused by the harmful and inferior working environment in the instant workplace and the workplace where the deceased worked before, or at least, a rapid aggravation of natural progress.

3..

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