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(영문) 서울행정법원 2015.12.24 2015구합50788
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 May 12, 2004, the Plaintiff’s son B (hereinafter “the Plaintiff”) joined D that conducts building management business, etc. (hereinafter “instant company”) and operated the facility management business of the F building located in Seocho-gu Seoul Metropolitan Government E.

B. On May 21, 2014, the Appellant was found to be dead in the underground management office of the F building, which is the place of senior personnel’s work, by G and the security guards of F building who were in pets and pets around 8:30 p.m. on May 21, 2014, and the reason for the death of the deceased was “bruptive light” as a result of the autopsy.

C. On August 13, 2014, the Plaintiff claimed to the Defendant for the payment of survivors’ benefits and funeral expenses.

On October 15, 2014, the Defendant issued a disposition that the Plaintiff does not pay the bereaved family benefits and funeral expenses on the ground that there is no proximate causal relation between the deceased’s work and the death.

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, entry of Gap evidence Nos. 1 and 6, and purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion: (a) the Plaintiff’s assertion that ① the Appellant was admitted to the instant business; (b) performed mixed management work, such as inspection of electric power and fire-fighting-related devices in the instant building; (c) replacement and repair of pipes; (d) washing and repair of facilities inside and outside the building; and (e) cleaning of facilities inside and outside the building; and (c) the area of the F building became wide and the facilities inside the building became old; and (d) when the piping pipes of the F building were damaged, the number of work hours had been available after the lapse of the work hours; (b) since 2007, the Appellant performed management work in addition to the facility management work, such as the management of occupants in the F building; (b) the employees (two security guards and three U.S. Won); and (c) made up a draft door and reported to H, who is the director of the instant business, continuously worked for an extended period of up to 2-3 hours on the working day; and (d) the instant company died frequently.

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