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(영문) 서울행정법원 2017.12.21 2015구합71662
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 February 25, 2014, the Plaintiff’s father B (hereinafter “the deceased”) is a person in charge of collecting recyclables, etc. after becoming a member of the Gwangju Resources Co., Ltd. (hereinafter “instant company”).

B. At around 10:00 on March 29, 2014, the Deceased, while carrying recyclables discharged from the above apartment on the street in front of the New Empicty in Jung-gu Incheon Jung-gu, Jung-gu, Incheon, was carried out, and died after being transported to the Ampic hospital.

In the body autopsy of the deceased, the cause of death is stated in acute scarcity (presumed).

C. The Plaintiff asserted that the deceased’s death constitutes occupational accidents, and claimed the payment of bereaved family’s benefits and funeral expenses. However, on July 24, 2014, the Defendant rendered a disposition to pay bereaved family’s benefits and funeral expenses on the ground that there was a hydrotension related to high blood pressure in the past, and that there was a chronic and acute fault to the extent that there was a significant influence on the deceased’s occurrence in light of his duty and form of duty, and the form of duty, and that there was a chronic and acute fault to the extent that there was a significant influence on the occurrence. No such circumstance as a sudden change in the work environment before the occurrence and a rapid increase in stress have been found, and

(hereinafter “instant disposition”) D.

Although the Plaintiff filed a request for examination of the instant disposition with the Defendant on December 17, 2014, the Defendant dismissed the Plaintiff’s request for examination. Accordingly, the Plaintiff filed a request for reexamination of the instant disposition with the Industrial Accident Compensation Insurance Reexamination Committee, but the said Committee rejected the Plaintiff’s request for reexamination on April 24, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, 9 evidence, Eul evidence 1 to 5 (including provisional number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion does not provide a place of rest in light of the characteristics of the work.

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