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(영문) 서울행정법원 2015.12.04 2015구합57628
유족급여및장의비부지급처분취소
Text

1. On January 12, 2015, the disposition that the Defendant rendered to the Plaintiff on January 12, 2015 as bereaved family benefits and funeral site pay is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. B entered C Co., Ltd., a logistics transportation company (hereinafter “instant company”) on October 1, 1998 and served as a business management office.

나. B은 2014. 6. 25. 05:20경 자택 서재에서 잠을 자다가 ‘쿵’하는 소리와 함께 쓰러졌고(이하 ‘이 사건 사고’라 한다), 병원으로 후송되어 치료를 받았으나, 회복되지 못하고 2014. 7. 16. 14:24경 ‘심폐정지, 뇌출혈(동맥류 파열)’로 사망하였다

(hereinafter “the instant death”). C.

On January 12, 2015, the Defendant: (a) rendered the bereaved family’s benefits and funeral’s site-based disposition against the Plaintiff, who is the spouse of B (hereinafter “the deceased”); (b) on the ground that “It is difficult to recognize a considerable causal link between the work and the injury as the bereaved family’s benefits and funeral’s site-based disposition, on the ground that it is difficult to verify the applicant’s critical video data, but taking into account the period of work and the details of work, and there is no objective basis to recognize the rapid change

(hereinafter referred to as the "disposition in this case"). 【No dispute exists, entry in Gap evidence 1, 4, and 6, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that he worked for more than 65.75 hours per week before the instant accident, by performing overtime work and holiday work in addition to ordinary work hours.

In addition, they were suffering from occupational stress that is difficult to easily understand from commercial D.

As a result, there is a cerebral blood transfusion to the deceased, there is a proximate causal relation between work and the death of this case.

B. 1) The Deceased’s work status is as follows: (a) The Deceased, as a manager in the instant company, took charge of the management of the staff staff, personnel, salary, employment management, and establishment of a plan for the delivery and traffic of imported and exported cargoes; and (b) the Deceased had been assigned to work for five days a week from 08:00 to 17:00.

B. The Deceased shall be prior to his death.

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