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(영문) 서울행정법원 2014.03.27 2012구합44263
유족급여및장의비부지급처분취소
Text

1. On June 14, 2012, the Defendant’s disposition of bereaved family benefits and funeral expense against the Plaintiff is revoked.

2...

Reasons

1. Details of the disposition;

A. B (C.S.) entered into D Co., Ltd. (hereinafter “Nonindicted Company”) on August 4, 2004 and took charge of domestic marketing affairs, and worked in the overseas marketing department from July 1, 2007.

around 08:40 on April 21, 201, the Deceased was found to be dead in the 3rd floor following the 301st floor of Gangseo-gu Seoul Metropolitan Government E apartment complex 301.

B. The Plaintiff, a wife of the Deceased, claimed that the deceased’s death constituted an occupational accident, and demanded the Defendant to pay survivors’ benefits and funeral expenses. However, on June 14, 2012, the Defendant rendered a non-approval disposition (hereinafter “instant disposition”) on the ground that “In view of the lack of objective data of occupational stress or overwork and the past friendly treatment force, it is difficult to recognize the relevance of work as a suicide due to dynamic behavior in the state that the symptoms were not recovered, and thus, it is difficult to recognize it as an occupational accident.”

The plaintiff, who was dissatisfied with this request, was dismissed by the Industrial Accident Compensation Insurance Reexamination Committee.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5 and 29, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On August 2010, the Plaintiff’s assertion that the deceased was in charge of the Indian region, and caused depression due to frequent stress such as work stress and conflict with F, a superior, etc. Around August 2010. Although the Plaintiff’s failure to properly receive medical treatment due to the company’s circumstances, the deceased was under stressed on G and G, a superior, overwork, and frequent drinking-in, and thereafter, was under serious quality from G on April 7, 201, and was committed suicide in a situation with normal awareness of the deceased, and thus, the deceased’s death was an occupational accident, and the instant disposition was unlawful on a different premise.

B. Attached Form of relevant statutes

The same shall apply to the records of the relevant statutes.

C. 1) On August 20, 2010, the status of recognition is up to the depression diagnosis.

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