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(영문) 서울행정법원 2015.06.18 2014구합8223
유족급여및장의비부지급처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

On April 1, 2011, the deceased B (hereinafter “the deceased”) who is the husband of the Plaintiff is a person who is in charge of automobile sales business in the D branch prior to the D branch.

On August 13, 2012, the deceased lost consciousness at his own home on August 23:30, 2012, and was sent to the hospital emergency room and received treatment. On August 17, 2012, on August 14:18, 2012, the deceased died of her direct death, cerebral cerebral brain damage, a middle line event, her severe brain damage, her heart suspension, the cause of the preceding death.

The Plaintiff asserted that the deceased’s death constitutes an occupational accident and filed a claim for the payment of survivors’ benefits and funeral expenses with the Defendant, but the Defendant rejected the payment against the Plaintiff on April 8, 2013 on the ground that “the deceased’s death is judged to be a natural and transitional aggravation of an existing disease which is low in relation to his/her duties, and thus it is difficult to recognize a proximate causal relationship between the deceased’s death and his/her duties.”

(hereinafter referred to as “instant disposition”). [The grounds for recognition] did not dispute, the entries in Gap’s Evidence Nos. 1, 5, 6, and Eul’s Evidence Nos. 1, 2, and 3, and the purport of the entire pleadings, as to the legitimacy of the instant disposition, and whether the Plaintiff’s assertion was lawful due to considerable occupational fault and stress, so the death of the deceased is in proximate causal relation with his duties.

On a different premise, the Defendant’s instant disposition is unlawful.

It shall be as shown in the attached Form of the relevant statutes.

Facts of recognition

발병 직전의 상황 망인은 2012. 8. 13. 23:00경 자택에서 원고와 성관계를 맺던 중 이를 그만두고, 거실에 나와 TV를 보다가 갑자기 호흡을 꺽꺽 대면서 말을 하지 못하는 상태로 바닥에 쓰러져 자극에 반응이 없었다.

The Deceased’s work performance is to work for E, F, G, H, and I from May 3, 2005 to take charge of vehicle sales, and is employed for the instant company on April 1, 201.

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