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(영문) 서울행정법원 2014.07.11 2013구합54632
유족급여및장의비부지급처분취소
Text

1. The Defendant’s disposition of paying survivors’ benefits and funeral expenses to the Plaintiff on January 7, 2013 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On August 16, 2012, the Plaintiff’s spouse net B (CB, hereinafter “the deceased”) was working at the site of the Mayang-gu Mayang-si Mayang-si Mayang-si Mayang-si Mayang-si, and died at around 15:07 at the emergency room of the Anyang Mayang-si Mayang-si.

(hereinafter “instant disaster”). (b)

The Plaintiff filed a claim against the Defendant for survivors’ benefits and funeral expenses. On January 7, 2013, the Defendant rendered a decision on the amount of survivors’ benefits and funeral expenses (hereinafter “instant disposition”) on January 7, 2013 on the ground that there was no causal link between the Plaintiff’s death and his/her business. The Plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but the Plaintiff was notified of the rejection of reexamination on March 29, 2013.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 15, the purport of the whole pleading

2. The plaintiff's assertion

A. In 193, the Deceased was subject to the heart lapsing test in the heart in 1993, but was engaged in normal occupational activities without any health disorder for the next 20 years, and the Deceased’s existing disease was in a stable condition, such as continuing movement without overworking or smoking.

B. In light of the fact that the monthly average working volume of the Deceased at the time of the accident was considerably increased compared to that of the Deceased who performed ordinary work, and on the day of the death, the wind was almost rare in high temperature weather, etc., the Deceased was forced to perform his duties in a state of being exposed to infection and led to the accident of this case. Therefore, there is a proximate causal relation between the disaster and the work of this case.

3. Attached Form of relevant Acts and subordinate statutes;

4. Determination

A. The Deceased’s work details 1) The Deceased had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had

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