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(영문) 서울행정법원 2017.08.24 2016구합52804
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 September 23, 2002, the Plaintiff’s husband’s (hereinafter “the deceased”) is a person who entered and worked in the interesting State Fire and Marine Insurance Co., Ltd. (hereinafter “interesting State Fire”).

B. On November 13, 2014, around 09:30 on November 13, 2014, the deceased’s company crew members laid a nose, she was fright to the company’s book, and did not cause any loss, thereby moving the deceased to a family university roadside hospital. The deceased died on November 15, 2014.

In addition, the direct deathist in the death report for the deceased is written in terms of training paralysis, the causes of training paralysis are high-level brain side, and the causes of high-level brain side species are written in self-cerebral cerebral cerebral typhism.

C. The Plaintiff asserted that there exists a proximate causal relation between the deceased’s death and his work, and claimed the payment of bereaved family’s benefits and funeral expenses. However, on June 12, 2015, the Defendant rendered a disposition of the bereaved family’s benefits and funeral expenses on the ground that there was no special burden factor (such as a sudden change of work environment, sudden increase of work volume, overwork volume, excessive stress, etc.) to the extent that the deceased’s injury was caused by the natural aggravation of the uncontrolled personal disease, and that there was no proximate causal relation between the deceased’s death and his work.

(hereinafter “instant disposition”) D.

The Plaintiff filed a request for reexamination of the instant disposition with the Industrial Accident Compensation Insurance Reexamination Committee, but the said Committee rendered a ruling on October 16, 2015 that the said request for reexamination is dismissed.

[Ground of recognition] Facts without dispute, Gap evidence 10, Eul evidence 1 to 4, 10, and 13, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s work performed by the deceased is to investigate the traffic accident scene and compensate for the damages, and the basic work amount is high, and the accident-related persons are.

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