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(영문) 서울행정법원 2017.06.01 2016구합77483
유족급여 및 장의비 부지급처분 취소
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 16, 2004, the Plaintiff’s husband B (hereinafter “the Plaintiff’s husband”) joined the Hansung Passenger Transport Co., Ltd. (hereinafter “instant company”) and worked as a bus driver.

B. On June 27, 2015, the Deceased returned to work at a am on a 22:00 after returning home.

The Deceased’s son found the Deceased who was in a room without being able to do so at around 12:00 on the following day, and the Deceased was transferred to the hospital by 119 first aid units, but the Deceased was dead due to an acute heart fluence caused by the Hemical heart disease (sculmatic sulmatism).

C. On January 27, 2016, the Plaintiff asserted that the deceased’s death constituted an occupational accident and filed a claim for survivors’ benefits and funeral expenses with the Defendant. However, on June 10, 2016, the Defendant rendered a disposition of survivors’ benefits and funeral expenses according to the results of deliberation by the Occupational Disease Determination Committee that “the deceased’s death appears to be due to the natural progress of an existing individual disease, and it is difficult to recognize the relationship with his/her duties.”

On September 27, 2016, the Plaintiff: (a) defective claims for survivors’ benefits and funeral expenses; and (b) the Defendant issued a disposition of survivors’ benefits and funeral site expenses (hereinafter “instant disposition”) on September 10, 2016 due to the same ground as the disposition of site wages on September 27, 2016.

[Reasons for Recognition] Unsatisfy, Entry of Evidence A Nos. 1, 11 through 13, and the purport of whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion died due to chronic fault and stress that he was employed as a bus driver, so there is a proximate causal relation between the deceased’s death and his duty.

B. 1) The Deceased’s work details are as follows: (a) The Deceased worked as a community bus operator in D before entering the instant company.

B) The deceased’s work hours are 9 hours a day (basic work hours of 8 hours overtime and 1 hours a day, and the deceased was on one-time leave a week.

In accordance with the instruction of the company, the deceased shall be within five hours at a shooting-ro.

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