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(영문) 서울행정법원 2016.05.12 2015구합72566
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 April 7, 2014, the Plaintiff’s son B (hereinafter “the deceased”) joined C and served as the head of production department.

B. On December 18, 2014, the Deceased completed his/her duties on December 19, 2014, and draws at the company employees, including D, the business owner (including nine persons), and the first-lane E restaurant, and drank the drank, and transferred to a second-lane singing near the second-lane line.

C. Since the Deceased’s body was unable to be accumulated under the influence of alcohol, D, an employee, took the deceased’s body together with an acting engineer, and D, an employee, took the deceased’s body, and F, together with the deceased, went to the vicinity of the deceased’s house.

However, F did not inform the deceased of the exact location due to alcohol, and F was called from G, who was another employee, to move the deceased to D's house, and went to D's house near the deceased.

F and G reported on December 19, 2014, around 00:59, as the deceased’s condition was abnormal in the vicinity of D’s house.

A first responder, who received a report, confirmed that the deceased was in the status of Asystole, performed stole, and transferred the deceased to the Acheon Hospital annexed to the Macheon National University, and arrived at the above hospital on the same day at around 01:28.

E. On December 19, 2014, the Deceased died on or around 01:30, and the reason for the death of the Deceased, prepared by the subsidiary hospital affiliated to the Macheon National University, is written on the remains.

F. On March 3, 2015, the Plaintiff asserted that the death of the deceased constituted an occupational accident, and demanded the Defendant to pay survivors’ benefits and funeral expenses. However, the Defendant rendered a decision on June 1, 2015 on the payment of survivors’ benefits and funeral expenses to the Plaintiff on the ground that it is difficult to recognize a proximate causal relation with the deceased’s work because the deceased’s private person was an unex

(hereinafter “Disposition in this case”). [Grounds for recognition] The Disposition in this case is without dispute, entry in Gap 1, 3 through 6, and 14 through 17, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff.

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