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(영문) 서울고등법원 2016.06.15 2015누40745
유족급여및장의비부지급처분취소
Text

1. Revocation of a judgment of the first instance;

2. On October 28, 2013, the Defendant’s payment of survivors’ benefits and funeral expenses to the Plaintiff.

Reasons

The reason for the partial acceptance of the judgment of the court of first instance is "1. Reasons for the disposition"

2. Whether the disposition of the site pay in this case is lawful

A. The plaintiff's assertion;

(b) relevant legislation;

C. With the exception of the following, the part “recognition” is identical to the corresponding part of the reasoning of the judgment of the first instance (from 4 up to 7 pages 2 to 5 pages), and thus, in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, the part “each five shall be cited.” On the 3rd bottom, the part “as a result of the court’s entrustment of medical record appraisal to the chief of the Seoul Regional Headquarters of the National Health Insurance Corporation of the first instance, the result of the fact inquiry to the chief of the Seoul Regional Headquarters of the Court of the first instance, and the result of the fact inquiry to the chief of the Seoul Regional Office of the first instance,

The 4th parallel 7th parallel to 17th parallel parallel shall be as follows:

2) Around the occurrence of the instant accident and the time of the occurrence of the Deceased’s work conditions, the work details of the deceased during one week, four weeks, and twelve weeks prior to the occurrence of the instant accident are as follows.

The Deceased, from around 08:00 on June 7, 2013, on the date of the occurrence of the accident, was used at around 20:00 on the same day while finishing the floor of the second floor. The average working hours per week prior to the occurrence of the Deceased’s accident are 61 hours per week, 35 hours per week, and 32 hours per week.

(G) The average working hours per week during the 73 hours and 30 minutes, 40 hours and 53 minutes, and 38 hours per week. The average working hours per week prior to the occurrence of the accident and the average working hours per week by classifying the number of working hours (the pure working hours in which hours are restricted) during the night work hours per week prior to the occurrence of the accident (from May 31 to June 6), 73 hours and 19 hours (61 hours) 4 hours per week prior to the occurrence of the accident (5.10 to June 6), 40 hours and 53 minutes per week prior to the occurrence of the accident (35 hours) 8 hours and 30 minutes per day (9 days) 38 hours and 32 hours per week prior to the occurrence of the accident (from March 15 to June 6, 196) 30 hours per week prior to the occurrence of the accident.

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