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(영문) 서울행정법원 2015.02.06 2014구합70372
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 January 1, 2011, the Plaintiff’s husband B (C) joined the Jinjin Livestock Industry Cooperatives branch (hereinafter “instant workplace”) and worked as technical staff in the mixed feed plant.

B. B was found to have died at the 10:30 home on May 27, 2013, and as a result of the autopsy, it was determined that B died of “here-cerebral heart disease (including the war prior to the acute heart color, etc.).”

C. The Plaintiff asserted that “the deceased B (hereinafter “the deceased”)’s death constitutes an occupational accident, and filed a claim for the payment of survivors’ benefits and funeral expenses. However, on March 19, 2014, the Defendant rendered a disposition of survivors’ benefits and funeral site expenses (hereinafter “instant disposition”) on the ground that “the deceased’s death does not constitute a proximate causal relation with his/her duties”).

On July 4, 2014, the Plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but the said request was dismissed.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the hours of 12 weeks before the death amount to 712 hours (average of 59 hours and 20 minutes per week), the hours of 77 hours per week (average of 6 hours and 25 minutes per week), the number of consecutive 30 hours per week prior to the death amounting to 9 times, the number of consecutive 13 days of continuous work, the number of consecutive work hours reaches two times, the noise amounting to 13 consecutive days, and the Plaintiff’s death ought to be deemed as occupational accidents.

B. 1) Work for the Deceased’s working environment A): Work for the Deceased from 08:0 to 17:00 on night duty: from 08:00 to 08:00 ( feed sales, access management, patrol, etc.) and work for electrical machinery.

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