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(영문) 서울행정법원 2017.07.20 2016구합53708
유족급여및장의비부지급처분취소
Text

1. The disposition that the Defendant rendered to the Plaintiff on March 19, 2015 as bereaved family benefits and funeral site wages shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On February 1, 2012, the Plaintiff’s husband, (hereinafter “the deceased”) retired from office on October 31, 2013 while serving as the Plaintiff’s husband, and entered D Co., Ltd. (hereinafter “instant company”) from November 1, 2013 to work as the site manager of Hyundai Steel Co., Ltd. (hereinafter “instant company”).

B. On February 21, 2014, at around 14:46, the Deceased died of the pulmonary paralysis due to diversa and mass transfusion around 15:39 on the same day from the dormitory bed of the instant company’s dormitory window to the ground parking lot.

C. On September 15, 2014, the Plaintiff asserted that the death of the deceased constituted an occupational accident, and demanded the payment of survivors’ benefits and funeral expenses to the Defendant. However, on March 19, 2015, the Defendant rendered a decision on the amount of survivors’ benefits and funeral funeral expenses to the Plaintiff on the ground that “the deceased’s death appears to be suicide with an individual’s mental inclination, and it is difficult to view it as suicide related to the occupational reason.”

(hereinafter “instant disposition”) D.

The Plaintiff filed a request for review of the instant disposition with the Defendant, and the Defendant rendered a decision to dismiss the said request on July 28, 2015.

Therefore, the Plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but the said Committee ruled on November 11, 2015 that the said request for reexamination is dismissed.

[Ground of recognition] Facts without dispute, Gap evidence 2 through 5, 10 through 13, Eul evidence 1 and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion deceased was engaged in supervision at the construction site of this case after becoming a member of the instant construction site where he had been engaged in supervision at the construction site of this case before becoming a member of the site site of this case, and was under serious mental stress due to changes in work and excessive work volume. The Plaintiff’s physical weight rapidly decreased and mentally abnormal.

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