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(영문) 서울행정법원 2014.03.28 2013구합21755
유족급여및장의비부지급처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

The Plaintiff’s husband B (hereinafter “the deceased”) is a person who was employed on August 31, 2009 in the World Tour Co., Ltd. (hereinafter “the 2nd century tourer”) and was engaged in bus driving services.

At around 21:00 on November 28, 2009, the Deceased was sent back to Korea University Hospital by the 119 Rescue Team on November 29, 2009 on the following day because he/she was her frying with his/her chest with his/her own son during his/her home at around 01:30 on November 29, 2009, and was killed at around 03:05 on the same day.

The reason for death in the written diagnosis of death is written in the US, and the death in the written diagnosis of death is written in the form of a acute core.

On November 17, 2011, the Plaintiff filed a claim for the payment of bereaved family benefits and funeral expenses to the Defendant by asserting that the acute border color of the deceased was caused by an occupational reason. However, on December 16, 2011, the Defendant issued a disposition to refuse the payment (hereinafter “instant disposition”) on the ground that there is no proximate causal relation between the heart color and the work of the deceased.

On May 16, 2013, the plaintiff filed a request for review to the Board of Audit and Inspection, but the Board of Audit and Inspection dismissed the plaintiff's request for review.

[Based on recognition, the Plaintiff’s assertion as to the legitimacy of the instant disposition and the overall purport of the argument as to Gap’s evidence Nos. 1, 2, 4, 5, 9, and Eul’s evidence, and Eul’s evidence Nos. 5 and 6, and the Plaintiff’s assertion as to the legitimacy of the instant disposition were employed for 84.3 hours per week after being employed in the World Tour, the Deceased’s average 94.75 hours per week during November of which the Deceased died, and the five-day holidays immediately before

In particular, in November of the death of the deceased, the bus operation, which is the deceased's work, is very frequently required stress, and the physical use of the tourist bus has increased by operating the tourist bus at the end of each week, and in the operation of the tourist bus, passengers have more stressed on drinking in the bus.

The Deceased is physical, mental, and physical, received from his duties as above.

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