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(영문) 서울행정법원 2018.08.22 2016구합74576
유족급여및장의비부지급처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On September 1, 2015, the Plaintiff’s husband, who was the Plaintiff’s husband (hereinafter “the deceased”) entered the Korea Guard Co., Ltd. (hereinafter “instant company”) and dispatched it to the C Office of Education and carried out night guard work.

B. On September 21, 2015, the Deceased was used in a toilet for C Office of Education on September 21, 2015, and was discovered by employees of security companies around 02:30 on the same day, and was dispatched by 119 emergency squad but was already dead.

C. The Plaintiff asserted that the deceased’s death constitutes an occupational accident, and filed a claim for the payment of bereaved family’s benefits and funeral expenses. However, on June 7, 2016, the Defendant appears to have worked during a fixed night as a surveillance worker, and appears to have been guaranteed night intrusion, and on the basis of the details of conversations with the security company and the details of the possession of the watchkeeping facilities, the intensity of the work is not high. There is no confirmation of any change in the occupational situation or sudden business relationship within 24 hours prior to the occurrence, and there is no increase of more than 30% of the daily work or the daily work hours per week prior to the occurrence of the disaster. The work hours for four weeks prior to the occurrence of the disaster did not exceed average of 64 hours per week, and the work hours during 12 weeks prior to the occurrence of the disaster did not exceed an average of 60 hours per week. Accordingly, it is difficult to recognize the work-related nature of a private person as not having been verified due to an unexpected disease or stress.”

(hereinafter referred to as “instant disposition”). [Grounds for recognition] The fact that there is no dispute, Gap evidence 1 through 5, Eul evidence 1 and 3 (including each number), and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion deceased continued to engage in night guard duty for 20 days without any one-time leave after becoming a member of the instant company, and a public official who works in iron at the same time and is late at night.

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