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(영문) 서울행정법원 2017.10.26 2016구합81437
유족급여및장의비부지급처분취소
Text

1. The disposition that the Defendant rendered to the Plaintiff on September 2, 2016 as bereaved family benefits and funeral expenses shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The Plaintiff’s husband’s husband B (hereinafter “the deceased”) is a person who was employed and worked in C on September 15, 2009 (hereinafter “instant company”).

B. At around 16:00 on March 28, 2016, the Deceased was seated while performing his duties at the workplace of the instant company and sent back to the Gosisan Hospital due to the accident that took place, and later passed thereafter, the Deceased was subject to the pressure clibing and the clibing of blood at the Dongjak Gyeonghee Hospital, but the clibing and the clibing of blood.

4. 7. Death.

A person who is directly in the death report of the deceased is brain side, and the cause of a person who is directly in death is specified as blood species and cerebrovascular in accordance with the brain death.

C. The Plaintiff asserted that the deceased’s death constitutes occupational accidents, and claimed the payment of survivors’ benefits and funeral expenses. However, on September 2, 2016, the Defendant rendered a disposition of survivors’ benefits and funeral funeral funeral expenses on the ground that there was a medical opinion that the brain side, cerebral cerebralopty, and cerebral cerebralopty, which is the cause of the deceased’s death, are judged to be an external shock, and that there was no clear causal link between the deceased’s work and the deceased’s death.

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, Gap evidence Nos. 1, 2, Eul evidence No. 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that there was no health defect in the performance of his duties; the average working hours per week during six weeks prior to the occurrence of the disaster of the Deceased reaches about 70 hours; the average working hours per week during the four weeks prior to the occurrence of the disaster reaches about 66 hours and 21 minutes; and in particular, the order of the instant transaction partner’s spring products after the second weekly holiday holiday period from February 2016 to February 15 of the same year.

3. From 33 days up to 19.19, the deceased has worked without a break-down day, and the deceased has a relatively old age to 60 years of age.

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