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(영문) 서울행정법원 2017.05.25 2015구합74890
유족급여및장의비부지급처분취소
Text

On March 18, 2015, the defendant revoked the disposition of bereaved family's benefits and funeral site expenses against the plaintiff.

The costs of lawsuit.

Reasons

1. Details of the disposition;

A. From October 6, 2014, the network B (hereinafter “the network”) was an employee of C Co., Ltd. (hereinafter “C”) to assist in the installation of telecommunications cables.

B. On October 18, 2014, at around 08:17, the Deceased, who was preparing for the construction on the frontway of the Ansan-si, Ansan-si, the site of the installation of cables, was dried and dried by a person to dump water.

The Deceased died at around 09:30 on the same day after he was transferred to E Hospital, but was unable to recover.

C. The Plaintiff, the deceased’s spouse, asserted that the deceased’s death constitutes an occupational accident, and claimed the Defendant to pay survivors’ benefits and funeral expenses.

Accordingly, on March 18, 2015, the Defendant rendered a disposition of bereaved family’s benefits and funeral expenses (hereinafter “instant disposition”) against the Plaintiff on the ground that “According to the data related to the work of the deceased, according to the work environment of the deceased, it is difficult to recognize the proximate causal relation between the work and the injury or disease as it was difficult to cope with despite the change of work environment with respect to the deceased.”

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, Eul evidence Nos. 1 to 3, 7, and 14, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The purport of the Plaintiff’s assertion was that the Deceased died due to a sudden change in the working environment at the time of his/her death, a serious overwork, other stress related to his/her duties, etc.

Since there is a proximate causal relationship between the deceased’s work and the death, the instant disposition is unlawful.

B. The relevant statutes (attached Form 1) are as stated in the relevant statutes.

C. The "occupational accident" under Article 5 subparagraph 1 of the Industrial Accident Compensation Insurance Act refers to an accident caused by the worker's performance of his/her duties, and thus there is a causal relationship between the business and the disaster. In this case, the causal relationship should be attested by the party asserting it, but the causal relationship must be medical and natural science.

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