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(영문) 서울행정법원 2017.06.22 2016구합64531
유족급여및장의비부지급처분취소
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 April 15, 2007, the Plaintiff’s husband’s deceased B (hereinafter “the deceased”) entered D on April 15, 2007 and worked as funeral instructors at the F Hospital funeral hall operated by the said foundation in Busan Dong-gu (hereinafter “instant funeral hall”).

B. On March 10, 2015, at around 03:00, the Deceased was working at the funeral hall of this case, and the chest was transferred to the emergency room of Busan 00 Hospital through the 119 rescue team around 07:50, but the Deceased died by the efinial color around 10:20 on the same day.

C. The Plaintiff asserted that the deceased died from cumulative overwork and occupational stress, and claimed the Defendant for the payment of survivors’ benefits and funeral expenses. However, on June 25, 2015, the Defendant did not recognize the deceased’s acute or chronic fault, and issued a survivor pension and funeral site non-payment disposition (hereinafter “instant disposition”) based on the results of the judgment of the Occupational Disease Determination Committee that the deceased’s personal disease might have caused cardiopulmonary disease.

The Plaintiff filed a request for examination against the instant disposition, but the Defendant rejected it, and the Plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but the said Committee dismissed it on January 29, 2016.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 2, Eul evidence 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the deceased worked in 24-hour shifts from the funeral hall of this case for eight (8) years, resulting in the outbreak of cardiopulmonary stress, or that at least the deceased’s urology aggravated urology beyond natural progress, thereby affecting the outbreak of cardiopulmonary stress.

Therefore, the deceased’s death constitutes occupational accidents, and thus, the instant disposition is unlawful on a different premise.

B. 1) The Deceased’s duty records are as follows. The Deceased’s funeral hall from April 15, 2007 to April 15, 2007.

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