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(영문) 서울행정법원 2018.07.20 2017구합86767
유족급여 및 장의비 부지급처분 취소 청구의 소
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. The deceased B (CB; hereinafter “the deceased”) served as the daily boiler repair machine at the Korea Smias Industrial Co., Ltd. (hereinafter “instant company”).

B. From December 11, 2014, the Deceased was a D factory located in Cheongju-si, and was engaged in the installation of a boiler. On December 14, 2014, the Deceased completed the said installation work and was accommodated in the Eel, a lodging lodging in the business site.

A company Dong LF, who had a business trip as the deceased, was in a business trip, was not a long time, and on December 15, 2014, 201:00, the deceased directly entered the toilet on the following day, and the deceased was used in a bath.

The Deceased sent back to the nearby Chungcheong University Hospital through 119 ambulances, but eventually died at around 01:52 on the same day.

C. On May 25, 2016, the Plaintiff, the deceased’s spouse, claimed that the deceased’s death constituted an occupational accident and filed a claim for the payment of survivors’ benefits and funeral expenses. However, on June 25, 2016, the Defendant rendered a disposition of the survivors’ benefits and funeral expenses (hereinafter “existing disposition”) according to the results of deliberation by the Daejeon Occupational Disease Determination Committee, which does not recognize a proximate causal relationship between the deceased’s work and the death.

On September 11, 2017, the Deceased claimed the payment of bereaved family benefits and funeral expenses to the Defendant again. However, on September 15, 2017, the Defendant rendered a disposition on bereaved family benefits and funeral funeral expenses (hereinafter “instant disposition”) on the ground that there is no proximate causal relation between the deceased’s work and the death.

[Reasons for Recognition] Facts without dispute, Gap's 1 to 3, 7, Eul's 1 (including numbers, hereinafter the same) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was considerably accumulated due to frequent business trips continued before the outbreak, and immediately before the outbreak, the amount of duties and the intensity of duties are also rapid.

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