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(영문) 서울행정법원 2017.09.28 2017구합61027
유족급여 및 장의비 부지급처분 취소청구의소
Text

1. The disposition that the Defendant rendered to the Plaintiff on August 31, 2016 as bereaved family benefits and funeral site wages shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On March 15, 2004, the Plaintiff’s wife B (hereinafter “the deceased”) entered the Construction Company C, a construction company located in Yeongdeungpopo-gu Seoul (hereinafter “instant company”) and performed accounting and management affairs.

B. On December 14, 2015, the Deceased submitted a resignation letter to D, who is the representative director of the instant company, and died of cerebral ties and blood transfusions from the 18th floor of the apartment site located in the Yacheon-gu, Yacheon-gu, Gyeonggi-do, with the view of the children aged 8:22 on the following day.

C. On March 10, 2016, the Plaintiff asserted that the death of the deceased constitutes an occupational accident, and filed a claim for the payment of survivors’ benefits and funeral expenses. However, on August 31, 2016, the Defendant: (a) on the ground that “the suicide in the state where normal recognition ability has been significantly deteriorated due to multiple stress; (b) the stress in the deceased’s work is verified due to ordinary stress, but is deemed based on the deceased’s reputation, such as an on-site injury, which is recorded on the medical record due to ordinary stress, and suspected of personal disease; and (c) the causal link between the deceased’s work and the deceased’s death is not acknowledged as a result of the determination by the Occupational Disease Determination Committee.”

(hereinafter “instant disposition”) D.

Therefore, the Plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but the said Committee ruled on January 6, 2017 that the request for reexamination is dismissed.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 8, Eul evidence No. 1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the company of this case was a small-scale company with two to four employees, and the Deceased was responsible for the accounting and management of the company. It is paid monthly salary and the vehicle lease of the representative director due to disguised employment for the identification of the representative director.

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