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(영문) 서울행정법원 2016.06.10 2015구합52401
유족급여및장의비부지급처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Details of the disposition

C Co., Ltd. (hereinafter referred to as “C”) is a partner company at the “E site” in Gangwon-do, Gangwon-do, which is performed by Daelim Industry Co., Ltd., and C’s head of the steel-frame in the G Manpower Office located in Seoyangyang-gun F, Gangwon-gun, which requested to substitute human resources during the period of his/her leave of absence. On September 2014, 2014, the deceased H (Is; hereinafter referred to as “the deceased”) and J introduced the said human resources office to perform the removal work under C at the instant site from September 23, 2014 to September 27, 2014.

On September 27, 2014, at around 14:15, the Deceased assembled steel bars at the site of this case, and was used as a side by the Deceased, and died after being sent to the K Hospital at around 15:30.

The autopsy on the deceased was not conducted, and the body autopsy report prepared by K Hospital was written by the deceased, stating that the direct death of the deceased is “pactical fluorial fluor.”

The Plaintiffs, who are the deceased’s children, claimed for the payment of bereaved family’s benefits and funeral expenses to the Defendant, but the Defendant rendered a decision on January 13, 2015 on the ground that “The Defendant did not prove any change in the working environment or the short-term and chronic fault in the scope of the deceased’s duties, and the acute heart color, which is the presumption cause of the deceased’s death, was caused by a person’s personal action, such as high blood pressure and smoking.”

(hereinafter referred to as the "disposition in this case"). [The grounds for recognition] did not dispute, each statement of Gap evidence Nos. 1 through 5, and Nos. 7 (including the number of branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings, and the legitimacy of the disposition in this case, the plaintiffs' assertion as to whether the disposition in this case is legitimate, shall return from the residential area to the site in this case, and shall return approximately 2 hours and 40 minutes to the site in this case, and the plaintiffs' assertion as to whether the plaintiffs' return to and from the place in this case without experience in the steel work to the place in this case. The plaintiffs were engaged in a binding work on the left part of the steel, and on the date of the death,

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