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(영문) 서울행정법원 2016.01.14 2015구합72894
유족급여부지급처분취소 청구의 소
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On September 1, 2013, the Plaintiffs’ license C (D students, hereinafter “the network”) had been engaged in taxi operation on September 1, 2013 by entering the friendly transport company.

B. On May 14, 2015, around 13:30 on May 14, 2015, the Deceased died due to the suspension of cardiopulmonary function due to cerebral cerebral cerebral cerebralcular around the Seodaemun-gu Seoul Western-gu (Seoul) while driving a taxi with passengers aboard, stopped on the side of the vehicle, and the consciousness of the taxi passengers getting worse, and the taxi passengers were transferred to a hospital. However, on May 19, 15:48 of the same year, the Deceased died.

C. On June 5, 2015, the Plaintiffs asserted that the death of the deceased constituted occupational accidents, and claimed bereaved family benefits and funeral expenses.

On July 23, 2015, the Defendant rendered a decision on the payment of survivors' benefits and funeral expenses based on the Seoul Occupational Disease Determination Committee’s determination that “The experts, such as the Galina and the occupational and environmental department, were sick and ill, but have low-tensions, such as high blood pressure, etc., and that there is no rapid change in the work environment, interest, play, etc., and no relevance is recognized to the work to be determined that there is no short-term and chronic error in view of the details of the work, etc.”

(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence 1, Gap evidence 2-1, 2-2, Gap evidence 3, Gap evidence 4-1, 2-2, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. In the case of the Deceased’s assertion, even though the average weekly working hours of 12 weeks prior to the occurrence, the average working hours of 27 hours per week during 4 weeks prior to the occurrence, and the average working hours of 28 hours per week during 4 weeks prior to the occurrence, however, the working hours of 7 days prior to the occurrence exceed approximately 1.8 times per week average working hours per week during 50 hours prior to the occurrence, and the amount actually received due to the payment of taxi commission and advance payment was under pressure from the company.

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