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(영문) 서울행정법원 2016.05.13 2015구합79314
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 December 26, 201, the Plaintiff’s spouse (CB, hereinafter “the deceased”) entered Dongbuex Co., Ltd. on December 26, 201. On August 8, 2012, at around 07:30, an apartment elevator was discovered in the state of respiratory stop and heart stop, and was sent back to the vehicle’s department hospital at the Science and Technology University, and the heart was restored after the cardiopulmonary resuscitation was restored. However, at around 00:49 on August 9, 2012, the second heart stop occurred and died.

B. The Plaintiff filed a claim against the Defendant for the payment of bereaved family benefits and funeral expenses, but the Defendant rendered a disposition that did not pay bereaved family benefits and funeral expenses (hereinafter “instant disposition”) on November 26, 2014 on the ground that it is difficult to recognize a proximate causal relationship between the deceased’s work and the deceased’s death.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, 3, and 17, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the deceased was the young age of 37 years at the time of the death, and that there was no special error with respect to the heart disease. The deceased was working for more than an average of 62 hours per week by going through a business trip for 65 days before the death and frequently working for more than 65 days during the five-month period, etc. In particular, the deceased was under serious physical and mental stress by performing an excessive work for more than a total of 146 hours from July 16, 2012 to July 27, 2012, and continued to work for more than 146 hours in the vicinity of the time of death. As such, there is a proximate causal relation between the deceased’s work and the death. The instant disposition based on a different premise is unlawful.

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

(c) Fact-finding 1) - Work hours and duties under the labor contract - Work hours: 08:30 to 17:30 (Work hours of rest 12:00 to 13:00, and 5-day work per week: the deceased’s work.

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