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(영문) 서울행정법원 2018.11.15 2017구합84167
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. The plaintiff is the spouse B.

B entered the C Co., Ltd. (hereinafter referred to as the “C”) on April 14, 1994 and worked as the team leader of the two-day daily preservation team around February 2017 and performed personnel and labor management, maintenance and repair event management, production equipment (15 units) management and safety management.

B. At around 10:20 on February 6, 2017, the Plaintiff discovered that B was used in the D apartment and E home-based toilets in Pakistan and filed a 119 report. Around 119 first responder performed cardiopulmonary resuscitation on B, but was already dead.

(hereinafter referred to as “the deceased”). (c)

On September 14, 2017, the Plaintiff asserted that the death of the deceased constituted an occupational accident and filed a claim for the payment of survivors’ benefits and funeral expenses with the Defendant. However, on October 23, 2017, the Defendant confirmed that the deceased had brain ties with respect to the Plaintiff, and that the death of the deceased was caused by the natural aggravation of the existing disease, not by occupational and stress, and thus, determined the bereaved family’s benefits and funeral site wages (hereinafter “instant disposition”) on the ground that proximate causal relation between the death and the work of the deceased is not recognized.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 5 (if there is a ground for recognition, including branch numbers; hereinafter the same shall apply), Gap's 7, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Even if the deceased alleged as having brain ties in the base base, overwork and stress can be the cause of cerebral chronism.

Considering the deceased's work volume, work hours, strength, work burden, etc., the deceased had physical and mental burden that could significantly affect the normal function of cerebrovascular or cardioscular as a chronic heavy work, and had stress prior to his death.

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