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(영문) 서울행정법원 2017.06.16 2016구합62795
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. From September 5, 2013, the Plaintiff’s husband B (C) served as security guards in D apartment under the Integrated Management of Convergence Co., Ltd. (C).

B, while serving on October 27, 2015, he left his body at around 20:00 and left from work, and did not thereafter work.

나. B은 2015. 11. 4. 집에서 수차례 넘어진 후 19:30경 의식이 없어져 119구조대에 의해 20:22경 이대목동병원으로 후송되었다가 23:34경 명지성모병원으로 후송되어 2015. 11. 5. 10:25경 ㈎ 직접사인 ‘뇌출혈’, ㈏ ㈎의 원인 ‘다발성 장기부전’의 사인으로 사망하였다

(hereinafter referred to as “the deceased”). (c)

On January 5, 2016, the Plaintiff asserted that the deceased’s death constitutes occupational accidents, and filed a claim for the payment of survivors’ benefits and funeral expenses with the Defendant. However, the Defendant: (a) deemed that “the deceased did not have any unexpected situation or sudden change in the work environment prior to the occurrence of the network; (b) the short-term and chronic course is not verified; and (c) is determined to have occurred due to the natural aggravation of dangerous people, such as high blood pressure, smoking power, drinking power, etc., which are an existing individual’s action, and thus, (d) rendered a disposition of survivors’ benefits and funeral funeral expenses (hereinafter “instant disposition”) on February 24, 2016.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. To make entries in the attached statutes concerned;

3. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the deceased worked on a 24-hour basis without sufficient time to rest, resulting in excessive stress on duty, and the outbreak of a high-tension disease, which led to the death after cerebrovascular on November 4, 2015.

Since the death of the deceased has a proximate causal relation with his occupational occupational work and stress, the death of the deceased constitutes an occupational accident.

Therefore, the instant disposition on a different premise should be revoked in an unlawful manner.

(b)The following facts of recognition shall be between the Parties:

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