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(영문) 서울행정법원 2014.10.08 2013구합19493
유족급여및장의비부지급처분취소
Text

1. On December 12, 2012, the Defendant’s disposition of bereaved family benefits and funeral expense against the Plaintiff is revoked.

2...

Reasons

1. Occurrence of disasters and details of dispositions thereof;

A. On November 1, 201, the Plaintiff’s husband’s wife B (hereinafter “the deceased”) entered a company E (hereinafter “E”) that is engaged in water transport business in Chungcheongnam-si (hereinafter “E”) and worked as a street cleaners.

B. On October 27, 2012, the Deceased was found to have worked on the Saturdays but did not return home even after the lapse of the retirement hours, and was found to have been used at the garbage separation shop at around 01:00 on the following day and transferred to the Chungcheong Medical Center.

Since then, the deceased was diagnosed with cerebrovascular and was transferred to the Cheongsung Hospital at around 04:20 on the same day, and died on the 31st day of the same month without recovery.

(the cerebral cerebrovascular, hereinafter referred to as the “instant disaster”).

In relation to the instant accident, the Plaintiff claimed for the payment of bereaved family’s benefits and funeral expenses to the Defendant, but on December 12, 2012, the Defendant decided that the deceased would not pay bereaved family’s benefits and funeral expenses to the Plaintiff, on the ground that the personal disease, such as high blood pressure and urology, where the deceased was suffering from ordinary pain due to aggravation of duty, was aggravated and died, and that his bereaved family’s benefits and funeral

(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence Nos. 1, Gap evidence Nos. 7 through 10, Eul evidence Nos. 3, 14 and 15, or the purport of the whole pleadings.

2. In full view of the following: (a) the Plaintiff’s assertion that the volume of work to be handled by the Deceased has increased rapidly due to the increase in the number of winners; (b) there is sufficient possibility that the Deceased might have been in a state of rain due to the inconvenience of normal boom and bridge; (c) despite the Deceased’s failure to use a transit bus by blood transfusion, E did not take special verification measures; and (d) as a result, the Deceased was at an appropriate treatment period and eventually caused death, there is a proximate causal relation with the work performed by the Deceased.

Therefore, on the different premise.

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