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(영문) 서울행정법원 2020.09.25 2018구합68735
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 February 10, 1995, the deceased B (CB; hereinafter “the deceased”) became the Seoul Urban Transit Corporation in conjunction with the Seoul Urban Transit Corporation on February 10, 1995 (hereinafter “instant business establishment”).

The former has been in charge of the maintenance and repair of electronic equipment, etc. as an electronic occupation.

B. On October 15, 2014, the Deceased died due to an abstract cancer on November 18, 2016, when he/she was diagnosed as an extract cancer and was receiving treatment.

C. The Plaintiff, the deceased’s spouse, claimed for the payment of survivors’ benefits and funeral expenses to the Defendant.

However, on March 28, 2018, the Defendant rendered a disposition to determine the family's benefits and funeral site wages (hereinafter "the instant disposition") on the ground that "the period of work, such as water supply and water supply and water supply, which can be exposed to hazardous chemicals during the work performed by the network was not long, and the level of exposure during the work was lower, and the extracted rock does not have specific relevance to hazardous chemicals until now, and thus it is difficult to recognize a proximate causal relation between the deceased's work and the death."

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, and 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was exposed from a cumulative and combined perspective to various harmful substances, such as lead, tin, silver, alkhyde, stoxid, stoxid, stoxid, and protopy alcohol, while performing the duty of repairing electronic equipment for a period of 20 years. In the absence of relevant medical history or family capacity, arbitr cancer occurred at the young age of 45 years, and thus, arctal cancer was caused or the outbreak of arctal cancer was promoted due to the deceased’s work.

Therefore, there is a proximate causal relation between the deceased’s work and the death, so the death of the deceased constitutes occupational accidents.

(b) as shown in the attached Form of the relevant statutes;

C. The deceased’s work experience and duty work period are occupational categories.

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