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(영문) 서울행정법원 2015.02.13 2013구합19936
유족급여및장의비부지급처분취소
Text

1. On May 8, 2013, the disposition that the Defendant rendered against the Plaintiffs on May 8, 2013 as a site-based payment disposition is revoked.

2...

Reasons

1. Details of the disposition;

A. A. Around December 19, 2012, the Plaintiff’s father C (D students, hereinafter “the deceased”) was killed while working in the underground sewage mouth near Gangseo-gu Seoul Metropolitan Government, which was used as a result of getting off his own consciousness and sent back to the Lee Dong-dong Hospital, but died.

(hereinafter “instant disaster”). (b)

The Plaintiffs filed an application for the payment of bereaved family’s benefits and funeral expenses to the Defendant, but the Defendant, in light of the result of autopsy on May 8, 2013, rendered a decision on site payment on the ground that the instant accident is not recognized to be dead due to occupational reasons under the Industrial Accident Compensation Insurance Act.

(hereinafter “Disposition of this case”). 【Ground for Recognition of this case’s Disposition of this case’s Disposition of this case’s Disposition of this case’s No. 1 to 12

2. The plaintiffs asserted that the deceased was exposed to a long period of time due to outdoor work on the street at the time of the disaster in this case. At the time, the deceased was in a stockpile of physical skin due to the night extension work, and there was a sudden change in external temperature since the time of the death, and there was a sudden change in external temperature since the previous winter weather, the deceased was healthy without special factors related to the usual heart disease, and there was no fact of receiving hospital treatment or drug treatment in relation to the above disease. Considering that there was a proximate causal relationship between the deceased's physical skin and physical skin due to the outdoor work at the time of the disaster in this case, and the deceased's physical heart and physical temperature and the deceased's hye heart heart disease due to the cardio-culmatization, a private person, at the time of the accident in this case, at the time of the accident.

3. Attached Form of the relevant Acts and subordinate statutes;

4. Determination

A. 1) On December 5, 2012, the Deceased’s work was conducted on December 5, 2012, which was employed as a daily worker from the Mad Mad Mad Mad Mad Pod Posty Repair Construction, and laid off a window with a machine called a window. On the underground, if the wastes from rocks are laid down on the window, the position installed on the window will be divided.

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