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(영문) 서울행정법원 2014.11.27 2013구합27548
유족급여및장의비부지급처분취소
Text

1. On August 1, 2013, the Defendant revoked the disposition of bereaved family benefits and funeral site pay to the Plaintiff on August 1, 2013.

2...

Reasons

1. Details of the disposition;

A. On March 1994, the deceased B (CB; hereinafter “the deceased”) entered the cosmetic Chain Co., Ltd. (hereinafter “D”) and joined the company “E” after withdrawal, and worked as the head of the headquarters of the business in around 2008.

B. The Deceased did not work on September 19, 2012, and was found to have died on September 19, 2012 when the company’s partner fee was 22:54 deceased’s residence on the same day.

C. The mother of the deceased asserted that the death of the deceased is “occupational accident” as prescribed by Article 5 subparag. 1 of the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”), and on June 19, 2013, the Plaintiff claimed payment of bereaved family benefits and funeral expenses from the death of the deceased to the Defendant.

However, on August 1, 2013, the Defendant rendered a disposition on the payment of survivors’ benefits and funeral site expenses (hereinafter “instant disposition”) to the Plaintiff on the ground that “the Plaintiff did not have evidentiary materials regarding the deceased’s overwork, and considered that there was a lot of alcohol and tobacco, and thus, the causal relationship with the work is insufficient.”

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1 and 2, and the purport of whole pleading

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the deceased died due to overwork and stress. As such, the death of the deceased constitutes an occupational accident.

Therefore, the instant disposition is unlawful.

B. 1) D, in fact, sells cosmetics purchased from cosmetics manufacturers to general consumers by selling cosmetics to large-scale retail stores, such as Earart, etc., and the number of regular workers is 60.

The Deceased, as the head of the headquarters, was in charge of the overall management and business of nationwide burial.

B. In principle, the deceased shall work for five days a week from the Triday to the Triday, and the working hours shall be from 09:00 to 19.

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