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(영문) 서울행정법원 2017.04.21 2016구합61624
유족급여및장의비부지급처분취소
Text

1. On November 3, 2014, the Defendant’s disposition of bereaved family benefits and funeral expense against the Plaintiff shall be revoked.

2...

Reasons

1. Details of the disposition;

A. From September 1, 2004, the Plaintiff’s husband (hereinafter “C”) was an employee who was employed in C (hereinafter “C”) from September 1, 2004, and was employed at the home on December 22, 2013, and died (hereinafter “the instant disaster”) by 119 first aid units to the emergency room of the Egrative hospital affiliated with the Egrative University of Egrified Women’s University, but was transferred to the emergency room of the Egrative hospital affiliated with the Egrative University, on December 22, 2013.

B. On September 5, 2014, the Plaintiff asserted that the deceased’s death was an occupational accident and filed a claim for the payment of survivors’ benefits and funeral expenses with the Defendant. However, on November 3, 2014, the Defendant rendered a disposition of survivors’ benefits and funeral site expenses (hereinafter “instant disposition”) on the ground that “the proximate causal relation between the deceased’s work and the disaster is difficult to be recognized.”

C. On October 13, 2015, the Plaintiff requested the Board of Audit and Inspection to examine the case, but was dismissed on February 19, 2016.

[Reasons for Recognition] Unsatisfy, entry in Gap evidence 1, 2, 3, and 8 (including branch numbers, if any) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that he/she suffered cumulative and excessive stress from occupational division in C at the time of his/her death. As such, there was a proximate causal relationship between the deceased’s death and his/her duties, since the occurrence of an ornamental her superior disease or the existing ornamental her superior disease rapidly aggravated at a natural proceeding speed, and eventually led to the death.

Therefore, although the death of the deceased constitutes an occupational accident, the disposition of this case by the defendant refusing the payment of survivors' benefits and funeral expenses is unlawful.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. The “occupational disease” included in the “occupational accident” under Articles 5 subparag. 1 and 37 of the Industrial Accident Compensation Insurance Act is a worker’s performance of duties.

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