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(영문) 서울행정법원 2017.02.17 2016구합6054
유족급여부지급처분취소
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. Around 08:20 on February 17, 2016, the deceased B (hereinafter “the deceased”) died due to a sudden heart suspension while working as a daily worker at the “E-New Construction Work Site” located in Incheon (hereinafter “instant site”).

B. On March 16, 2016, the Plaintiff, a child of the Deceased, applied for the payment of bereaved family benefits to the Defendant. However, on May 2, 2016, the Defendant rendered a disposition that did not pay bereaved family benefits (hereinafter “instant disposition”) on the ground that it is difficult to recognize the proximate causal relation between the deceased’s work and the death.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, 8, and 9, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was that the Plaintiff suffered from the balconium when they were aboard, and was suffering from difficulties due to the balconium, depression, pain, surface disorders, and symptoms of salconium, etc. after the balconium. At the time of the death, approximately 10 K KK of the 40 minutes of the balconium transported approximately 10 Kg of the balconium, and 20 KK of the balconium was extremely high physical and mental stress than ordinary workers because of the Plaintiff’s refusal to hear the speech that the body is inconvenient.

Therefore, there is a proximate causal relation between the deceased’s death and his work, and the instant disposition taken on a different premise is unlawful, since it was caused by a sudden physical burden on the deceased who has discontinued his work of transport of hives, which resulted in a sudden suspension of the deceased’s heart function, and thus caused the deceased’s death.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. 1) The Deceased’s health condition, etc. (A) was registered as the disabled of class 6 with a delay disability due to a sudden disorder on January 4, 191, 191, where the Deceased suffered satise care due to 3 years of age, and was registered as the disabled of class 6 years of age.

B. As a result of the health examination on September 24, 2009, blood pressure of the deceased is 130/80m Hg.

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