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(영문) 서울행정법원 2017.05.12 2015구합4471
유족급여및장의비부지급처분취소
Text

1. The disposition of bereaved family benefits and funeral site wages rendered by the Defendant to the Plaintiff on September 15, 2014 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. From May 26, 2013 to December 26, 2013, the Plaintiff’s ASEAN (hereinafter “the deceased”) concluded a contract for temporary agency work with the Korea Logistics Service, and dispatched it to the “E station” operated by Daesung Industrial Co., Ltd. located in Dobong-gu Seoul Metropolitan Government (hereinafter “instant business establishment”), and carried out the work of removing water sources of oil and teas from February 16, 2014, and again carried out the same work at the instant business establishment.

B. On April 27, 2014, at around 23:30, the Deceased was found to have been used on the toilet floor in the instant workplace, and was sent back to a hospital by the 119 rescue unit. Re-transfered to the 119 rescue unit, and was performed an emergency operation for “cerebrovascular transfusion” (open and chronic chronic chronic chronic chronic chronic chrons) and died on May 9, 2014 while maintaining respiratory without food.

C. The Plaintiff asserted that the deceased’s death constitutes an occupational accident, and filed an application for the payment of survivor’s benefits and funeral expenses with the Defendant. However, on September 15, 2014, the Defendant rendered a disposition of not paying survivor’s benefits and funeral expenses (hereinafter “instant disposition”) based on the result of the Seoul Committee on the Determination of the Occupational Disease (hereinafter “Seoul Committee”) stating that “Inasmuch as it is determined that the deceased’s death was caused by an existing disease, such as a sudden change in the environment and extreme stress that may cause the deceased’s injury in light of his business content, and the occupational department is not confirmed, and the occurrence of an existing disease, such as his personal injury, such as drinking and smoking, is not

【Ground of recognition】 The fact that there has been no dispute, Gap's 1, 4, Eul's 9, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is one of the personal actors, such as high blood pressure, drinking, or smoking, which may cause cerebral chrone to the Deceased, or under excessive stress due to his duties.

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