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(영문) 서울행정법원 2019.06.14 2018구합71113
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 November 21, 2014, the deceased B (CB; hereinafter “the deceased”) entered the company D (hereinafter “D”) and worked as security guards in Seoul Special Metropolitan City, Nowon-gu (hereinafter “the apartment of this case”).

B. On September 28, 2016, the Deceased discovered a shift worker who was employed in a 4 seconds (security room) of the instant apartment on September 28, 2016 while performing security guards’ duties on a 24-hour scale.

The Deceased was sent to a nearby F Hospital, but was judged as deceased.

As a result of the autopsy on the deceased, the National Institute of Scientific Investigation identified the private person of the deceased as a superficial background.

C. The Plaintiff, the deceased’s spouse, claimed that the deceased’s death constituted occupational accidents, and claimed the payment of survivors’ benefits and funeral expenses to the Defendant.

On April 4, 2017, the Defendant determined that “the cause of death of the deceased is a acute heart color.” In light of the fact that it is not confirmed that a situation may cause significant physiological changes, such as a sudden increase in the quantity of work before the deceased’s death or a change in the environment, etc., the deceased’s performance of daily security work after his entry, and there are no objective grounds to recognize the chronic fruit due to his work hours, etc., and the contents of the deceased’s work are relatively simple and repeated, and it does not seem to particularly cause a high level of tension or dysia, and that the deceased’s disease, which is the basis of the ordinary heart disease, is confirmed such as high blood pressure and urology, which is a high-risk group in the acute heart, and thus, it is determined that the deceased’s death and work are dead due to the natural aggravation of the cardiotension disease, there is no proximate causal relation between the deceased’s death and the work.”

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