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(영문) 서울행정법원 2016.06.24 2015구합79055
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. B entered a stock company C on May 1, 2006 (hereinafter “instant company”) and was in charge of the installation of tler structure, electric shock list, etc.

B. On August 3, 2014, B made a business trip to Daegu and finished the business of lighting, and then she took a drinking beverage at the night with workplace rent of 00:30,000. On the following day, B was found to have died at around 07:20 (hereinafter “instant death”).

C. On January 15, 2015, the Defendant rendered a disposition of paying survivors’ benefits and funeral expenses on the ground that: (a) the Plaintiff, the spouse of B (hereinafter “the deceased”); (b) is not objectively proven due to a sudden change in the occupational environment; and (c) the short and long-term and chronic fault; and (d) it is difficult to recognize the relevance of duties as a result of the occurrence of personal dangerous factors (such as blood pressure, brain color, smoking power, etc.) and thus, it is difficult to recognize the relevance of duties.

(hereinafter referred to as the "disposition in this case"). 【No dispute exists, entry in Gap evidence 1, 6, and 8, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. 1) The deceased’s duties (A) The deceased, as an electrical engineer, was in charge of the installation of a seter and electric facilities related thereto, the installation and connection of electric dong heading, the manufacture and connection of container heading, the inspection of container heading management at the time of the installation of a seter, the decommissioning of a set, and the operation of a 5 tons vehicle at the time of local business trip.

(2) The deceased’s working hours are 09:00 to 18:00, and the hours required for the installation and decommissioning of the Tracs shall normally be ① 8 hours in exhibition halls, 8 hours in the case of exhibition centers, 4 hours in dissolution, 2 hours in the case of MBC, 6-7 hours in the installation, 3 hours in dismantling, 3 hours in the case of KBS, 1 hours in atmosphere, 1 hours in the case of KBS, 1 hours in the installation, and 2 hours in dismantling.

(3) The weight per tlers per weight is about 35 to 40km, length is about 3m, daily work volume was about 50 to 60, and the weight of the electric tler list installed in the ceiling was about 80 km.

B. Work hours of the deceased.

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