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(영문) 서울행정법원 2017.06.08 2016구합74781
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. From May 25, 2009, the deceased B (hereinafter “the deceased”) served as the 15 tons dump truck driver from C Co., Ltd. (hereinafter “instant company”) as the 15 tons dump truck driver.

B. On October 5, 2015, the Deceased operated 15 tons dump trucks of the instant company in order to load wastes around 10:30 on October 5, 2015, and started from the instant company to the road construction site D at the time of Edumsan (hereinafter “instant construction site”).

C. On October 5, 2015, E, a driver of the instant company, was parked a dump truck, which was driven by the Deceased, with rhump truck rhythm on the side of the road in front of the “G” located in the city F in Seosan, and the Deceased discovered that it was used in the said vehicle.

The Deceased immediately moved to the Healthy University Hospital, but died at around 14:03 on the same day.

On April 6, 166, the Plaintiff, the spouse of the deceased, asserted that the death of the deceased constituted an occupational accident and claimed the payment of bereaved family benefits and funeral expenses to the Defendant.

E. On June 27, 2016, the Defendant rendered a disposition of bereaved family benefits and funeral site expenses (hereinafter “instant disposition”) against the Plaintiff on the ground that the proximate causal relationship between the deceased’s death and his/her duties cannot be acknowledged.

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1-3, Eul evidence Nos. 1-7, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is that the deceased mainly takes charge of the construction waste transport work within the territory of the instant company, including stone transport, and on the day of the death, the construction waste transport work for about two hours at the time of the first operation and the working environment was considerably changed.

The Deceased, while driving dump trucks on September 24, 2015, was string to collect the frequency of operation set by the instant company on the road with an string line on the day of death, and the accident that dump trucks caused damage to the front glass window of the car following the operation of the instant company, and accordingly, the occupational stress was not significant.

In addition, the deceased shall every day.

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