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(영문) 서울행정법원 2016.01.21 2015구합63357
유족급여및장의비부지급처분취소
Text

1. On October 20, 2014, the Defendant’s disposition of bereaved family benefits and funeral expense against the Plaintiff is revoked.

2...

Reasons

1. Details of the disposition;

A. On March 1, 2002, Non-Party B (hereinafter referred to as “the deceased”) entered Nonparty D Co., Ltd., a company specializing in the construction of information and communications technology, and promoted it to the director on January 2014.

B. At around 01:40 on March 8, 2014, the Deceased was used to assist in cable transport services while supervising the site of the Goyang-gu E Corporation (the instant construction was subcontracted in the order of D, e.g., EF telecom Co., Ltd., Ltd., Ltd., hereinafter “stock company”). On the same day, the Deceased died at around 03:21 on the same day.

C. As a result of the autopsy of the deceased’s body, the deceased’s private person was found to be a brudial heart disease due to the insulmatation of the heart.

The Plaintiff, the deceased’s spouse, claimed the bereaved family’s benefits and funeral expenses to the Defendant, but the Defendant, on October 20, 2014, rendered a decision on the site payment according to the result of the Seoul Occupational Disease Determination Committee’s determination as follows.

(hereinafter “instant disposition”). “The instant disposition” does not confirm the sudden change in the job, short-term and chronic course, and it is difficult to determine that the duty-relatedness was high due to the characteristics of the duty as a director due to the high work discretion, and it is difficult to determine that the duty-relatedness was generated by a dangerous person, such as high blood pressure, smoking power, etc., and thus, cannot be recognized.”

E. The Plaintiff, who was dissatisfied with the instant disposition, filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but was ruled dismissed on March 13, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, 6, 12, Gap evidence 23-1 and 23-2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the deceased had continued night work and lack of water surface, irregular leave, dangerous work, long distance travel, relationship with the prime contractor company, human resources management, etc., will be a chronic course and stressed work in the weather.

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