logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2015.10.08 2015구합55806
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 June 1, 2002, the network B had been engaged in the work of inspecting and driving finished products at a factory located in Yangsi-dong 3-13, Yangsan-si, Yangsan-si, 3-13 after entering the Sungsi-si, Co., Ltd. for automobile parts manufacturing business.

B. On February 25, 2014, the Deceased worked at around 07:33, and worked at the morning and worked at around 12:02, immediately after being enrolled into the 5th floor cafeteria, the Deceased lost his mind before the entrance, and was sent to Busan Pedle Hospital by the 119 first-aid vehicle, but was in the state of death.

C. As for the deceased’s autopsy, the body of the deceased determined that the deceased’s private death was “brupted funeral by an in-depth heart fluoral fluor’s death.”

On August 5, 2014, the Plaintiff, the deceased’s spouse, claimed bereaved family benefits and funeral expenses to the Defendant. On November 24, 2014, the Defendant rendered a disposition of paying bereaved family benefits and funeral expenses on the ground that there is no proximate causal relation between the deceased’s work and death.

E. The Plaintiff, who was dissatisfied with the instant disposition, filed a petition for review with the Industrial Accident Compensation Insurance Reexamination Committee, but was dismissed on January 23, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that his duties and stress were accumulated during the night shift work for a long time. Accordingly, there is a proximate causal relation between the deceased’s duties and the deceased’s death, given that the injury and disease of this case aggravated due to their aggravation.

Nevertheless, the instant disposition based on a different premise is unlawful.

B. 1) The work in charge and the Deceased’s working hours were one week-time shift work per six days per week, and the working hours were 08:00-17:00 each week-time work hours and 18:0-00-05:00 each week-time work hours. The meal hours were 22:40-23:30 each week-time work hours and 30 minutes each week-time work hours are 12:10-13:00 every week-time work hours.

arrow