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(영문) 서울행정법원 2015.11.19 2015구합54605
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 September 20, 201, the deceased B (hereinafter referred to as “the deceased”) had been employed as a nursing assistant after being employed in the Chungcheong Hospital of the National University.

B. On February 26, 2014, the Deceased left the hospital after completing his/her full-time service, and was used at the apartment parking lot at his/her domicile, and was sent back to the hospital, but died of his/her propopperal, around February 27, 2014.

C. On August 22, 2014, the Plaintiff, the deceased’s spouse, claimed for bereaved family benefits and funeral expenses to the Defendant. However, on the ground that the cause of the deceased’s death is highly likely to cerebral chronism, and that there is no proximate causal link between the work and the death is not recognized because it is difficult to view that there was a chronic fault, the Defendant rendered a disposition of paying bereaved family benefits and funeral expenses against the Plaintiff

The Plaintiff, dissatisfied with the instant disposition, filed a petition for review to the Industrial Accident Compensation Insurance Reexamination Committee, but was dismissed on December 8, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence 1 to 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the deceased worked in the three-dimensional service accompanied by night work, and the patient in the emergency room sharply increased in the situation of the shortage of the internal patient, resulting in the accumulation of occupational and stress, and resulting in the occurrence of a prop-proponing surgery, and thus, proximate causal relation is acknowledged between the deceased’s work and the death.

Nevertheless, the instant disposition based on a different premise is unlawful.

B. The deceased, including his/her duties and working hours, was employed at the Kan National University Chungcheong Hospital on September 20, 201 and worked as a nursing assistant in the emergency room from April 18, 2012, and from April 19, 2012. The deceased, while working in an emergency room, worked as a low-work assistant (0:00 to 15:00), a full-time work (15:00 to 23:00), and a night work (23:0 to 07:00).

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