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(영문) 서울행정법원 2014.07.11 2013구합52810
유족급여 및 장의비 부지급 처분취소 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On October 2, 1987, the deceased B (hereinafter referred to as "the deceased") was employed by the Korea Railroad Corporation and worked as an engineer (class: C) at the Service Office of the Seoul Headquarters of the Korea Railroad Corporation from January 3, 201 to January 3, 201.

On January 4, 2012, the Deceased was used in the platform of the Seoul Central Creditsan Station on January 4, 2012, when he was retired, and died of a acute core fluorial fluor, around 05:58, which was later about 20 minutes thereafter, to the hospital.

On September 10, 2012, the Plaintiff filed a claim against the Defendant for the payment of bereaved family’s benefits and funeral expenses. However, on November 23, 2012, the Defendant rendered a decision on the bereaved family’s benefits and funeral site expenses (hereinafter “instant disposition”) on the ground that the proximate causal relation between the deceased’s death and his/her duties cannot be acknowledged.

Therefore, the plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but the Industrial Accident Compensation Insurance Reexamination Committee dismissed the plaintiff's request for reexamination on February 28, 2013.

[Based on recognition, there is a proximate causal link between the deceased's death and his/her duties on the following grounds: Gap evidence Nos. 1-1, 2, and 2-1, 3, 4-1, and 3-1, and Eul evidence Nos. 3-3, and the overall purport of the argument of this case is legitimate.

The deceased worked as an engineer, and the body rhythm was destroyed due to the nature of the works of the engineer who works in the form of a change in the weekly work and night work.

In addition, the engineer should always have a strong mental stress so as not to cause delay of trains or train accidents, so the deceased was under continuous mental stress.

In addition, the engineer officers are suffering from chronic tasks, and the volume of the deceased's work excessively increased one week prior to the death of the deceased, which is negative on the function of the deceased's cardio-cerebral relationship.

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