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(영문) 서울행정법원 2014.03.11 2013구합11352
유족급여및장의비부지급처분취소
Text

1. On February 1, 2013, the Defendant’s disposition of bereaved family benefits and funeral expense against the Plaintiff shall be revoked.

2...

Reasons

1. Details of the disposition;

A. On March 1, 2012, the Plaintiff’s husband B (hereinafter “the Plaintiff’s husband”) is a worker who joined D, a landscaping company, and performed landscaping duties.

B. On September 18, 2012, around 11:30 on September 18, 2012, the Deceased was sent to the Han River heart Hospital via a nearby E hospital due to the 119 first time, and the death of the deceased was stated as follows:35 on the same day, the presumption of acute funeral, the presumption of acute re-fluence by the middle-line event, and the presumption of the merger thereof by the preceding person.

C. The Plaintiff claimed for the payment of bereaved family’s benefits and funeral expenses to the Defendant on February 1, 2013 that the deceased’s death constitutes occupational accidents. However, on the ground that on February 1, 2013, the Defendant notified the Plaintiff of the bereaved family’s benefits and funeral funeral expenses on the ground that the deceased’s injury was naturally occurring in the state of high blood pressure, urology, smoking, and rain, and that there was no overwork or stress likely to cause such death and work, and that there was no proximate causal link between the deceased’s death

(hereinafter “Disposition of this case”). 【Disposition of this case’s ground for recognition】 The fact that there is no dispute, Gap’s evidence No. 1, Eul’s evidence No. 1, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was that the deceased did not suffer from severe weather-related diseases that may cause acute booming, and that was a healthy part.

On the other hand, the deceased has to cope with a large amount of duties due to the special injury of the deceased from July 2012 to the time of his death.

Therefore, since the deceased's excessive street, etc. caused death, it is deemed that there is a proximate causal relation between the deceased's death and the work, but the instant disposition taken on the contrary premise is unlawful.

B. The following facts do not conflict between the Parties, or are incurred earlier:

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