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(영문) 서울행정법원 2018.11.22 2017구합67742
유족급여및장의비부지급처분취소
Text

1. On March 24, 2017, the Defendant’s disposition of bereaved family benefits and funeral expense against the Plaintiff is revoked.

2...

Reasons

1. Details of the disposition;

A. On May 11, 2015, the Plaintiff’s wife B (hereinafter “the deceased”) is a person employed by the C Care Center and worked as a caregiver on May 11, 2015.

B. On August 31, 2016, the Deceased complained of two clothes at home around 22:50 on August 31, 2016, and there was a fall in consciousness, and through the 119 119 emergency squad, the Deceased was transferred to the original scopic scopic hospital, diagnosed with cerebrovascopic transfusion and received hospitalized treatment. On September 2, 2016, the Deceased was transferred to the original scopic medical center and died on the same day at around 2

In the death diagnosis report on the deceased, the direct death person shall be indicated as “sacrine death suspension” and the prior death person as “sacrine cerebrovascular.”

(hereinafter referred to as “the injury and disease of this case”) C.

The Plaintiff asserted that the deceased’s death constitutes occupational accidents, and claimed for the payment of survivors’ benefits and funeral expenses. However, it is difficult to view that the deceased’s death constitutes occupational accidents. However, in full view of the fact that “the deceased has the same occupational ability from April 2010 to April 2, and the CMedical Care Center has performed nursing duties for the elderly with severe illness for one year and four months, and that the work is excessive in terms of the type of work and the duty of bathing auxiliary food assistance and physical change, etc. for one day after working for two days. In addition, within twenty-four hours prior to the occurrence, there was no sudden and unexpected change in work environment and the occurrence of one week prior to the occurrence of the occurrence, and the work hours for 45 hours and 10% prior to the occurrence of the occurrence, and the average work hours for 12 weeks prior to the occurrence do not exceed the minimum and chronic standards under the Ministry of Employment and Labor’s notification, it is difficult to recognize the deceased’s occupational pressure and chronic causal relation due to chronic pressure.”

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