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(영문) 서울행정법원 2019.07.18 2017구합82192
유족급여 및 장의비 부지급 처분 취소
Text

1. The disposition that the Defendant rendered against the Plaintiff on August 28, 2017 on bereaved family benefits and funeral expenses shall be revoked.

2...

Reasons

Details of the disposition

The plaintiff is the mother of the deceased B (Chers women, hereinafter referred to as the "the deceased"), and the deceased was employed by D Co., Ltd. (hereinafter referred to as the "instant company") on August 12, 2013 and was employed as office employees.

From November 7, 2016 to December 3, 2016, the Deceased participated in the “the next generation local expert training course” (hereinafter “the instant training”) conducted by the instant company in each Chinese territory.

From November 19, 2016, the Deceased started to be hospitalized in the E Hospital immediately after returning to Korea on November 29, 2016, the face and blick were licker.

On December 3, 2016, while the deceased was diagnosed with lusty and received treatment at the above hospital, he/she died from cerebral cerebral cerebral eption. On February 3, 2017, the deceased died due to cerebral cerebral eption.

On February 23, 2017, the Plaintiff filed a claim against the Defendant for the payment of survivors’ benefits and funeral expenses. However, on August 28, 2017, the Defendant rendered a disposition on the survivors’ benefits and funeral funeral expenses (hereinafter “instant disposition”) that dismissed the said claim on the ground that “the deceased’s brain cerebrovascular appears to have been a merger of the typhe, an immunodeficiency disease, and thus, business relations is low. The time during which the deceased had worked for one week prior to her returning to Korea does not seem to have increased more than 30% of the daily business hours, but it does not seem that the deceased had been chronicly overcoming.”

[Ground of recognition] The Plaintiff’s assertion as to the legitimacy of the instant disposition and the overall purport of the argument by the Plaintiff, including Gap’s evidence 1 through Gap’s evidence 5, Gap’s evidence 8 through Gap’s evidence 10, and the Plaintiff’s assertion as to the legitimacy of the instant disposition and disposition, the Plaintiff participated in the instant training conducted by the instant company and worked for a longer time than ordinary hours while travelling the long distance, and at the same time, was exposed more than ordinary times to strong external vessels.

As such, excessive physical burden resulting from the training of this case may be caused by lowering the immunity function of the Deceased.

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