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(영문) 서울행정법원 2016.09.29 2016구합51313
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 April 1, 2003, the Plaintiff’s husband’s husband He (CB, hereinafter “the deceased”) entered a company D (hereinafter “Nonindicted Company”) with work experience and worked as the Institute.

B. On September 25, 2014, the Deceased was used at home around 00:05, and was sent to 119 first aid units, and then died at the 19:36th day of the same day of the day, the deceased died at the face of a prop-to-pulpering blood, an intermediate preemptive event, and the brain training for direct death.

C. The Plaintiff asserted that the deceased’s death constitutes an occupational accident, and filed a claim for the payment of survivors’ benefits and funeral expenses with the Defendant, but on September 24, 2015, the Defendant rendered a decision on the survivors’ benefits and funeral funeral expenses on the ground that “It is difficult to recognize the relationship between the deceased’s death and the deceased’s death, in full view of the low-term and chronic work progress without clearly explaining the importance of the work, and the high blood pressure, blood transfusion, and smoking history, etc., on the ground that “It is difficult to recognize the relationship between the deceased’s death and the work.”

(hereinafter “instant disposition”) D.

The Plaintiff, dissatisfied with the instant disposition, filed a request for reexamination to the Industrial Accident Compensation Insurance Reexamination Committee, but the said request was dismissed on October 13, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1-1-4, Gap evidence 4, Gap evidence 5-1, 2, Eul evidence 1-1 and the purport of whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was due to serious stress due to the conflict with the regular business of ordinary workers E, and thus, the deceased was in charge of duties of a similar nature to those carried out by himself/herself in order to avoid the regular business of E and to be assigned to another department. However, frequent business trips and out of work, and the non-party company took part in the course of the MBA graduate school to support the non-party company, and the work was significantly excessive.

The Deceased is due to these occupational problems and stress.

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