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(영문) 서울행정법원 2015.04.30 2014구합68256
유족급여및장의비부지급처분취소
Text

1. On December 6, 2013, the disposition that the Defendant rendered to the Plaintiff on December 6, 2013 as bereaved family benefits and funeral site wages shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The Plaintiff’s husband B (hereinafter “the deceased”) served as a taxi driver from February 3, 2013 to the public transport company (hereinafter “instant company”).

B. At around 04:30 on August 30, 2013, the Deceased was in attendance at the instant company and was sent back to the Seoul Asan Hospital. However, on August 30, 2013, the Deceased died at around 05:29 (hereinafter “the instant death”), and the written autopsy presumed the cause of death as a heart death without the autopsy.

C. On November 4, 2013, the Plaintiff asserted that the deceased’s death constituted an occupational accident, and filed a claim for the payment of survivors’ benefits and funeral expenses against the Defendant. On December 6, 2013, the Defendant rejected the payment against the Plaintiff on the ground that “it is difficult to recognize a proximate causal relationship between the deceased’s death and his/her duties” was deliberated by the Committee for Determination of Occupational Diseases.

(hereinafter “instant disposition”) D.

The Plaintiff filed a request for examination against the instant disposition, but the Defendant dismissed the Plaintiff’s request for examination on March 11, 2014.

Although the Plaintiff filed a request for reexamination again, the Industrial Accident Compensation Insurance Review Committee dismissed the Plaintiff’s request for reexamination on June 5, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 6, Eul evidence Nos. 1 and 5, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion deceased worked for 12 hours or 14 hours a day after joining the instant company, and the four weeks prior to the death of the instant case was over 83 hours a week average work hours, and the taxi driving is highly likely to require considerable concentration due to its characteristics. As such, the deceased’s physical overwork and mental stress received from the said work can be deemed to have been seriously dead.

Therefore, it is between the deceased's death and duty.

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