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(영문) 서울행정법원 2016.11.28 2016구합52835
유족급여및장의비부지급처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

On February 1, 2008, the Plaintiff’s husband B (hereinafter “the deceased”) entered the Plaintiff Co., Ltd. (hereinafter “instant Company”) to take charge of quality control of household appliances and secondary counseling services.

The Deceased shall complete his/her service on June 3, 2014, and the same month following the day after he/she left the E panty house located in Incheon Cheongjin-gun, Incheon, with the representative director and employees of the company of this case, for one day off to 2 days off to the same panty house.

4. around 17:05 caused light training in a vehicle back to Seoul and then sent to the F Hospital to 119 first aid units at around 17:43, but died before the hospital arrives.

On February 26, 2015, the Plaintiff claimed for the payment of bereaved family benefits and funeral expenses to the Defendant. However, on June 1, 2015, the Defendant rendered a disposition of paying bereaved family benefits and funeral expenses on the ground that the causal relationship between the deceased’s death and his/her duties is not recognized.

(hereinafter “instant disposition”). On August 24, 2015, the Plaintiff dissatisfied with the instant disposition, filed a petition for review with the Defendant on August 24, 2015, but was dismissed on October 29, 2015.

[Grounds for recognition] The facts without dispute, Gap evidence Nos. 1, 2, 3, and 17 (including branch numbers; hereinafter the same shall apply), and the purport of the entire argument as to the legitimacy of the disposition of this case, the plaintiff's assertion as to whether the disposition of this case is legitimate is legitimate, as of April 28, 2003, when entering the company of this case, the plaintiff was under considerable stress due to frequent resistance and criticism of customers while performing quality control of household appliances and A/S duties. The plaintiff was promoted to the team leader around March 2014 and worked for more than 12 hours on an average as the team leader, while suffering pressure as the team leader, while leading them to emotional labor. The plaintiff's assertion as to whether the disposition of this case is legitimate, is so excessive as to extreme pressure and stress.

3. Around October 28, 2014, the Defendant was subject to a high blood pressure judgment, and was recommended to conduct a close inspection with chest fluencing on May 28, 2014, but was unable to undergo an inspection and treatment as business affairs of the instant company, left the camping conference organized by the instant company, and on June 4, 2014, the Deceased on June 4, 2014.

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