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(영문) 서울행정법원 2014.08.21 2013구합19516
유족급여및장의비부지급처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On July 1, 2010, the Plaintiff’s ancillary C (hereinafter “the deceased”) was employed in Samnam Labor Law Firm (hereinafter “instant legal entity”) and committed suicide by hanging the terms of the personnel system consulting, etc. around 13:40 on December 5, 201, with which he/she was living in the toilets in Gwanak-gu, Seoul Special Metropolitan City.

B. The Plaintiffs asserted that the suicide of the deceased was an occupational accident and filed a claim for the payment of survivors’ benefits and funeral expenses with the Defendant, but the Defendant, on May 8, 2013, issued a disposition to exempt the Plaintiffs from paying survivors’ benefits and funeral expenses (hereinafter “instant disposition”) on the grounds that “The causes of occupational stress, such as excess work, etc. in the duties of the deceased, are verified, but it does not reach the degree of suicide, and it is determined that the deceased will be dead by an individual’s action.”

C. The Plaintiffs were dissatisfied with the instant disposition and filed the instant lawsuit on July 29, 2013.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 4, purport of whole pleadings]

2. The assertion and judgment

A. The Plaintiffs’ assertion caused depression and stress, such as excessive work of ordinary people, the expectation of surrounding areas due to special promotion, psychological pressure on samples, and commercial quality of the outcome of the work, etc., which led to depression due to occupational and stress, and that he/she voluntarily conceals in a state of mental abnormal disorder.

Therefore, despite the existence of proximate causal relationship between the deceased's death and his work, the defendant issued the instant disposition, which is unlawful.

(b) Attached Form of relevant statutes;

C. 1) On July 1, 2010, the Deceased’s career and work in charge, etc. (A) was admitted to the instant legal entity and has been in charge of the personnel management system consulting, labor consultation, corporate support (such as preparation and report of company trends, or production of a third party’s trend within the company, etc.).

The deceased’s commuting to and from work.

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