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(영문) 서울행정법원 2017.05.18 2015구합83214
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 October 9, 2009, the Plaintiff’s ASEAN (CB; hereinafter “the deceased”) entered the company D (hereinafter “instant company”) and dispatched it to E Co., Ltd. (hereinafter “E”) and carried out monitoring duties, etc. as to whether there were abnormal data processing and servers.

B. As the Deceased did not work until 22:00 on March 11, 2014, the Deceased did not work until 22:20, a shift work hours, F, a worker of the Deceased, found the Deceased’s house at around 22:25, who was off his/her clothes in his/her room, and the Deceased was found to have been dead in his/her form.

C. As a result of the autopsy conducted on the deceased, the National Institute of Scientific Investigation determined that the deceased’s private person was “non-underbound propoppy and brain-resistant surgery by cerebral culp fever.” D.

On September 22, 2014, the Plaintiff asserted that the deceased’s death constituted an occupational accident and filed a claim for the bereaved family’s benefits and funeral expenses with the Defendant, but the Defendant on December 4, 2014, rendered a disposition of the bereaved family’s benefits and funeral funeral expenses (hereinafter “instant disposition”) according to the result of deliberation by the Occupational Disease Determination Committee (hereinafter “instant disposition”).

E. The Plaintiff filed a petition for review against the instant disposition, but the Defendant dismissed it on May 15, 2015, and the Plaintiff filed a petition for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but the said Committee dismissed it on October 7, 2015.

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

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is a main and night shift work, which imposes a significant burden on the brain blood relationship after becoming a member of the instant company, and is a chronic path.

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