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(영문) 서울행정법원 2017.09.28 2016구합72518
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 March 22, 2015, the Plaintiff’s husband B (hereinafter “the deceased”) was a small and medium business owner operating a home-based type C business (hereinafter “instant business establishment”) and died of the Plaintiff’s husband’s husband’s death as “mastiopulmonary stop”, which was directly death on November 8, 2015, while hospitalized in the instant business establishment and was transferred to a medical institution after being hospitalized, at around 10:30 on Sundays 22, 2015.

B. The Plaintiff claimed for the payment of bereaved family’s benefits and funeral expenses to the Defendant on the ground that the deceased’s death constitutes occupational accidents. However, on January 28, 2016, the Defendant rendered a decision on the payment of bereaved family’s benefits and funeral expenses (hereinafter “instant disposition”) on the ground that it is difficult to recognize the deceased’s death as an occupational accident.

C. The Plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but was dismissed on June 1, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Whether the disposition is lawful;

A. In light of the following: (a) the Plaintiff’s assertion: (i) from December 7, 201 to April 3, 201, the deceased worked for 12 hours and 40 minutes a day; (ii) the average working hours per week 68 hours and 30 minutes a week before the outbreak; and (iii) the deceased engaged in chronic long-time work for about 64 hours a week average working hours per week before the outbreak; and (iv) the deceased was diagnosed by blood pressure at the time of the health examination on December 201, and continued blood pressure control, the deceased’s disease was caused by extreme excessive surgery and stress; and (v) there is a proximate causal relation between the deceased’s work and the deceased’s death.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. 1) The Deceased’s duties and work environment A) The Deceased, without other employees, is operating a door-to-door dispatch business with the Plaintiff, who is a wife, and is in charge of cargo collection, classification, delivery and delivery, and collection of dispatched cargo, and management of a computer system.

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