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(영문) 서울행정법원 2020.07.09 2017구합78636
유족급여및장의비부지급처분취소
Text

1. The disposition of bereaved family benefits and funeral expense rendered by the Defendant to the Plaintiff on June 15, 2017 is revoked.

2...

Reasons

Details of the disposition

The deceased B (hereinafter referred to as “the deceased”) is a person who was employed on March 4, 2002 by an incorporated association C (hereinafter referred to as “C”) and has continued to work in the planning and investigation division, and has been transferred to the purchasing department on January 20, 2015.

On June 27, 2016 and June 28, 2016, the Deceased attended the meetings of C and various seminars and ceremonies for customers. On June 29, 2016, the Deceased was sent back to a nearby hospital because it was not broken at the house, but died without birth.

On October 10, 2016, the Plaintiff asserted that the death of the deceased constituted an occupational accident as the spouse’s spouse and claimed the payment of survivors’ benefits and funeral expenses to the Defendant.

On June 15, 2017, the Defendant was not exposed to an excessive job, and the Defendant issued a site-level disposition rejecting the Plaintiff’s claim on the ground that there was an existing disease, such as the result of health examination showed a high blood pressure opinion, etc.

(hereinafter referred to as “instant disposition”). [Grounds for recognition] The Plaintiff’s assertion as to the legitimacy of the instant disposition and the overall purport of the pleading from Gap’s evidence 1 to Gap’s evidence, and the Plaintiff’s assertion as to the legitimacy of the instant disposition were transferred from the planning and investigation department where the Plaintiff had been employed for his occupation to the purchase department, and not only caused minor work but also caused a significant increase in the number of years due to the circumstances such as the shortage of human resources of the newly transferred purchase department.

While the deceased continues to participate in various seminars and briefings, the deceased has to be increased more.

Therefore, there is a proximate causal relationship between the deceased's death and his/her duties.

The term "occupational disease" under the Industrial Accident Compensation Insurance Act refers to a disease caused by the worker's occupational performance while performing his/her duties, so there must be a causal relationship between the worker and the disease.

However, the causal relationship is clear in medical and natural science.

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