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(영문) 서울행정법원 2017.03.09 2016구합54701
유족급여및장의비부지급처분취소
Text

1. All of the plaintiffs' claims against the defendant are dismissed.

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

Reasons

1. Details of the disposition;

A. On April 5, 2012, the Plaintiffs’ ASEAN (D students; hereinafter referred to as “the deceased”) was employed for the E E located in Bupyeong-gu, Seocheon-gu, Seocheon-gu, Seoul (hereinafter referred to as “Sacheon-gu”) and was found to have been used in the front floor of the Dong-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, and used on February 11, 2015 after going to work for the night on February 11, 2015, and after going to work for the occupation during the occupation time, at around 13:15 on the same day, it was found to have been hidden.

(hereinafter “instant disaster”). (b)

On June 8, 2015, the Plaintiffs asserted that the death of the deceased constituted an occupational accident and filed a claim for the payment of bereaved family benefits and funeral expenses with the Defendant. On December 24, 2015, the Defendant rendered a disposition to refuse payment on the ground that “the deceased may have vulnerable stress to mental disability 3, but it is difficult to see that the stressed prior to the occurrence of the instant accident is the degree of loss of self-determination, and it is difficult to specify the cause of suicide of the deceased, and thus, the deceased’s suicide is not recognized as an occupational accident.”

(hereinafter "Disposition in this case"). 【No dispute exists, Gap evidence 1, Gap evidence 2, Gap evidence 23, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The deceased, who was receiving treatment for mental fission in the third level of mental disorder, was discriminated against the non-party company on the ground that he was a disabled person from the General Welfare Center. In relation to the assembly work for multiple stamping, the deceased was married and neglected from the ordinary employer or the paid worker. On the day before the occurrence of the accident in this case, the deceased was subject to serious quality measures from the employer.

As a result, the deceased was suffering from occupational stress that is difficult to understand, resulting in the aggravation of the existing disease, resulting in the occurrence of suicide, due to the aggravation of normal perception, ability to choose behavior, and ability to suppress mental disorder.

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