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(영문) 서울행정법원 2013.12.26 2012구합42434
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 May 22, 2009, the Plaintiff’s husband’s husband He joined the National Design Corporation (hereinafter “instant company”) as a staff member of the Human Business Headquarters, and work as the site manager at the site of the cafeteria remodeling construction (hereinafter “instant construction”) of the cafeteria located at the inner city (hereinafter “instant construction”). On January 6, 2012, the Plaintiff died of the Plaintiff, who was divingd from the instant cooking.

B. On July 31, 2012, the Plaintiff claimed that the deceased’s death constituted an occupational accident and filed a claim for the payment of bereaved family benefits with the Defendant. On September 20, 2012, the Defendant rendered a disposition of the bereaved family’s benefit site payment (hereinafter “instant disposition”) against the Plaintiff on the ground that “The deceased’s death was objectively verified by occupational department before the deceased’s death, and it appears that the deceased’s unreasonable drinking as of the day before the death and occupational department are related to the death, and that there is no proximate causal relation between the deceased’s work and the death.”

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 4, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was under excessive stress, such as working for at least 120 hours a week at the site of the instant construction work. From the end of December, 201, the number of on-site inputs was increased by at least twice as a result of the construction of the instant construction work from the end of December, 201, and the burden of the deceased’s work was rapidly increased.

In light of the degree of blood alcohol of the deceased, there was no existing disease that could cause the death to the deceased, and in light of the degree of blood alcohol of the deceased, drinking prior to the death does not seem to be the cause of the death of the deceased.

Therefore, the deceased should be regarded as having died of occupational work and stress.

The instant disposition is unlawful on a different premise.

B. In fact, the Deceased, from November 30, 201, is the site manager of the instant construction from November 30, 201 to the site manager of the instant construction.

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