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(영문) 서울행정법원 2019.03.07 2017구합55046
유족급여및장의비부지급처분취소
Text

1. On April 27, 2016, the Defendant’s disposition of bereaved family benefits and funeral expense against the Plaintiff shall be revoked.

2...

Reasons

1. Details of the disposition;

A. From October 6, 2009 to June 19, 2014, Nonparty B served as the head of the system overall department in C (hereinafter “Nonindicted Company”).

B. At around 22:20 on June 19, 2014, B: (a) went back to a hospital by the 1119 rescue unit after leaving the hospital, resulting in a pulmonary stress disorder at his own house; (b) died in an acute heart flacing (presumed) around 23:30 the same day.

(hereinafter “B”) . (c) the Deceased.

On April 22, 2016, the Plaintiff, the wife of the Deceased, claimed for the payment of survivors’ benefits and funeral expenses to the Defendant on the ground that the deceased’s death constitutes occupational accidents. However, on April 27, 2016, the Defendant rendered a disposition to refuse the payment of survivors’ benefits and funeral expenses (hereinafter “instant disposition”) on the ground that “The deceased’s death and the deceased’s death constituted occupational accidents, on the ground that it is insufficient to prove that the deceased was in a short-term or chronic fault, and that there was a high blood pressure, urology, or smoking, but there was a lack of management thereof, and thus, there is no reasonable causal relation between the deceased’s death and the deceased’s work.”

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1, 2 and 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was the head of the system overall department and has been in charge of monitoring the system and network even after the ordinary working hours, and the Plaintiff did not take proper rest on holidays and new walls due to the foregoing work.

In addition, as the management has deteriorated from around April 30, 2014, Nonparty Company terminated the consignment contract with D, etc. As a result, the Deceased increased the work volume as it became to perform the maintenance and repair of the system and network equipment.

Moreover, on June 16, 2014, the deceased took overall control of the human resources reduction work due to the management deterioration of the non-party company, and directly notifies three of his subordinate employees on his dismissal.

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