1. The disposition that the Defendant rendered to the Plaintiff on December 26, 2014 “bereaved Family Benefits and Funeral Expenses” is revoked.

2...

The details and details B (Plaintiff’s husband, C) worked as a street cleaners from September 1, 1990 to Gangnam-gu Seoul Metropolitan Government Office's street cleaners from March 2014.

B around 07:00 on August 27, 2014, used in front of the office building of the D community service center, and was transferred urgently to the neighboring Gangnam Syna Hospital. However, on the same day, the death was caused by the “brue eculation (ST Section 1)” around 11:20 on the same day.

(B) The Plaintiff claimed for the payment of survivors’ benefits and funeral expenses to the Defendant. However, on December 26, 2014, the Defendant rendered a decision on “the cost of the bereaved family’s benefits and funeral funeral expenses” (hereinafter “instant disposition”) on the ground that it is difficult to recognize the proximate causal relationship between the deceased’s work and the disaster.

[Based on the recognition] The facts without dispute, Gap 1, 4, 5, 15, 17 evidence, Eul 1 and 7 evidence, and the fact-finding with the Gangnam-gu Seoul District Office on July 18, 2016 of this Court, are as shown in the relevant statutes and legal principles related to the judgment of the whole purport of the pleadings (attached Form 1).

The term "occupational accident" in Article 5 subparagraph 1 of the Industrial Accident Compensation Insurance Act refers to an occupational accident caused by the worker's work while performing his/her duties. Therefore, there is a causal relationship between the occupational and the disease caused by death. However, if the main cause of the disease is not directly related to the performance of his/her duties, and at least the occupational age or stress overlaps with the main cause of the disease and causes or worsens the disease, it should be deemed that there exists a causal relationship between them.

The causal relationship is not necessarily required to be proved clearly in medical or natural science, but it is presumed that there is a proximate causal relationship between work and disease when considering all the circumstances, and it is also based on which normal work can be performed at ordinary times.