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(영문) 서울행정법원 2019.02.19 2018구합69240
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 23, 2005, the Plaintiff’s husband B (hereinafter “the deceased”) is a person who entered the Plaintiff Company C on May 23, 2005 (hereinafter “instant Company”).

B. At around 19:00 on February 18, 2016, the Deceased, along with D Deputy Director-General and two nurses of E Hospital, took meals at a day-to-day room, drinking alcohol at neighboring drinking G and H, and moved to a nearby singing room. On April 14, 2016, the Deceased fell from the stairs of singing room at the entrance of the singing room, waiting for a proxy engineer to go on his house, and was discovered by the singing room operator around 01:22 on February 19, 2016. The Deceased was transferred to an emergency room through the 119 first aid team who was dispatched after receiving a report of the singing room, and was diagnosed as an outpatient and diagnosed as an outpatient, but died on April 14, 2016.

The death diagnosis of the deceased is written as a direct death, and as an indirect death, the “explosion suspension” and the “explosion of an external propoppy.”

C. The Plaintiff asserted that the deceased’s death constitutes an occupational accident, and filed a claim for the payment of survivors’ benefits and funeral expenses. However, on March 29, 2017, the Defendant rendered a disposition of survivors’ benefits and funeral funeral expenses against the Plaintiff on the ground that “the disaster that occurred after the deceased waits for an agent at the entrance of the first floor to go on the house while waiting for a proxy at the time of her friendship or private excessive drinking, shall not be deemed an occupational accident caused by an accident during a business trip pursuant to Article 37 of the Industrial Accident Compensation Insurance Act and Articles 27(2) and 30 of the Enforcement Decree of the same Act.”

The plaintiff filed a request for examination against the above disposition against the defendant. However, from February 18, 2016 to February 19, 2016, the defendant confirmed the fact that the deceased's "the deceased" had been engaged in the same worker D Minister and E Hospital nurse from February 18, 2016, two meals and drinking, but the superior's instructions are given in advance.

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