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(영문) 서울행정법원 2018.04.26 2017구합51310
유족급여및장의비부지급처분취소
Text

1. The disposition that the Defendant rendered to the Plaintiff on May 19, 2016 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 (C) joined the Incorporated Foundation D (hereinafter “D”) on May 7, 1990, serving as the managing position of news reporters and local broadcasting stations. From June 7, 2013, the Plaintiff’s husband worked as PD for the radio programming department in the central headquarters production country.

B. B, on February 3, 2015, prepared work at the seat of the D head office located in Seoul E on February 3, 2015, and was cut back by the party, and died at around 08:53 while the person discovered the work was reported to 119 and transferred to the first-aid vehicle.

(hereinafter referred to as “the deceased”). According to the body’s written examination, the deceased’s direct private person is an aesthetic state.

Within 24 hours before the deceased’s death, a sudden and difficult event related to his work occurs or a sudden change in the work environment was not confirmed.

It is confirmed that the working hours of seven days before the outbreak do not increase above 30% of the daily work hours for about 40 hours.

The average working hours per week during four weeks prior to the outbreak are about 40 hours and 30 minutes prior to the outbreak, and the average working hours per week during 12 weeks prior to the outbreak are about 40 hours and 30 minutes, which do not exceed the criteria due to chronic fault, and thus, it is not objectively confirmed the work-related factors recognized to have continuously caused excessive physical or mental burden for at least three months prior to the outbreak.

It is difficult to view the deceased's age, disaster history, work experience, work environment, work contents, work period and working hours, medical records, and visual medical records, and experts' opinions such as the Ministry of Health and Welfare, and the Ministry of Health and Welfare, the causes of death, the cause of death, the cause of death of the Ministry of Health and Welfare, and the high-class disease such as the high-level roller, etc., the change in duties in 2013 is difficult to be viewed as work lodging at the end of two years before the occurrence of the case, and the work stress to the extent that the deceased's ability to cope with is not determined, and the working hours are below the standard.

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