logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2017.12.15 2016구합72716
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

In September 2, 2010, the deceased B (hereinafter referred to as the “the deceased”) performed forest tending work as a daily worker at the head-Gun Forestry Cooperatives as from September 2, 2010.

On July 18, 2015, the Deceased carried out forest tending work in Jeon-gun-gun E as part of the D Project (Secondary) of the Korea Forestry Cooperatives Association of the Republic of Korea on July 18, 2015. At around 08:25, the Deceased suspended work due to the malfunction in the her chest while working, and was transferred to the helicopter hospital by the 119 report, but died on the same day.

On December 11, 2015, the Plaintiff, the deceased’s birth, filed a claim for the payment of survivors’ benefits and funeral expenses with the Defendant on the ground that the deceased’s death constitutes occupational accidents. However, on December 31, 2015, the Defendant rendered a disposition on the payment of survivors’ benefits and funeral expenses to the Plaintiff on December 31, 2015, on the ground that it is determined that the deceased’s death was caused by the natural aggravation, such as the occupational short-term, chronic, and stress on the deceased’s death, as the deceased’s death was not objectively confirmed, and thus, a proximate causal relationship between

(hereinafter referred to as “instant disposition”). [The grounds for recognition] did not dispute, Gap’s evidence Nos. 1, 2, Eul evidence Nos. 2 and 3, and the purport of the entire pleadings as to the legitimacy of the instant disposition, the plaintiff’s assertion as to whether the disposition of this case is legitimate, and the plaintiff’s deceased did not take sufficient rest in health conditions caused by low-tension diseases, such as high blood pressure, and did not cause excessive physical burden and death while performing the work that was put on a high slope in the mountain.

This resulted in the death of the deceased, since the high blood pressure, which is the base of the deceased, rapidly aggravated from the natural progress due to occupational burden factors, caused the death of the deceased.

The attached details of the relevant statutes shall be as specified in the statutes.

Facts of recognition

On July 18, 2015, the Deceased’s Deceased arrives in E, together with F, a winterer, and goes up about 20 minutes.

arrow