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(영문) 서울행정법원 2018.05.10 2017구합65098
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 November 24, 2016, at around 15:50 on November 24, 2016, B companies engaged in vessel engine processing business (hereinafter referred to as “the network”) were used to clean a powder in the place of business located in Daejeon Seo-gu D and transferred to B University Hospital via 119 first aid units around 16:09 on the same day, but the deceased had already died before the arrival in the emergency room of the said hospital.

B. The deceased’s mother-child Plaintiff filed an application for the payment of bereaved family’s benefits and funeral expenses with the Defendant, claiming that the deceased’s death should be recognized as an occupational accident. However, on February 28, 2017, the Defendant rendered a decision on the amount of bereaved family’s benefits and funeral expenses based on the opinion of the Daejeon Occupational Disease Determination Committee that the proximate causal relation between the deceased’s work

(hereinafter “Disposition of this case”). 【Ground for Recognition of this case’s Disposition of this case’s Disposition of this case’s No. 1, 2, 3, and 4

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion of the Plaintiff’s Boring machine work had a risk of leaving the tension on the machine, and the Deceased has been engaged in a high tension. From the end of 2010, due to the reduction of the number of workers due to the game depression, the Deceased caused extreme anxiety about dismissal, while the Deceased was scheduled to put a new smuggling machine at the time of death, and occupational stress was a person responsible for the replacement of equipment.

At the time of the death of the deceased, the minimum temperature was -4.9°C, and the heating facilities were not installed properly, and the work environment was not good enough to the extent that the noise generated from the deceased’s work site reaches 82dB.

As such, in a situation where the working environment is inferior and occupational stress is serious, the death of the deceased is work-oriented.

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