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(영문) 서울행정법원 2021.01.07 2018구합78527
유족급여및장의비부지급처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Details of the disposition

The deceased C (D life, hereinafter referred to as the “Death”) is a person employed as a cleaning employee in the Rite of the trade name of “F” in Gyeonggi-gun E (hereinafter referred to as the “workplace of this case”). The Plaintiffs are the parents of the Deceased.

around 17:08 on October 19, 2017, the Deceased used to drink Nurung-gun at a staff rest room located in the instant workplace (hereinafter “instant accident”). As the Deceased did not appear both food and respiratory, the Deceased was immediately subject to emergency measures, such as cardiopulmonary resuscitation, from workers who were in the neighborhood, and was sent to H hospital located in G in the Gyeonggi-gun, G around 17:52 on the same day at around 17:52 at the instant workplace, and died without birth.

The Plaintiffs asserted that the death of the deceased constitutes occupational accidents, and claimed the Defendant to pay the bereaved family benefits and funeral expenses.

However, on July 3, 2018, the Defendant: (a) on July 3, 2018, “the private person of the deceased appears to be a acute funeral due to the innate resistant disease; (b) the deceased was not exposed to the short and chronic department; and (c) otherwise, he/she suffered an excessive physical or mental burden on the deceased.

business factors to be selected shall not be identified.

On the ground of “the instant disposition” (hereinafter “instant disposition”) notified the decision rejecting the payment of bereaved family benefits and funeral’s non-payment (hereinafter “the grounds for recognition”). Inasmuch as there is no dispute, the evidence Nos. 1 through 3, the evidence No. 6, and the evidence Nos. 1, 3, and 7, and the purport of the entire pleadings as to whether the instant disposition is legitimate at the time of the instant accident, there was a circumstance to suspect that the deceased, at the time of the instant accident, was lawful, at H hospital that was sent after having the instant place of business, to make the Nung who was sent with the place of business make the place of liver, and as to its smoking.

If appropriate measures were taken after the accident of this case, the time should not exceed 40 minutes, even if the deceased could continue to exist.

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