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(영문) 서울행정법원 2015.05.28 2014구합71450
유족급여및장의비부지급처분취소
Text

1. On October 4, 2013, the Defendant’s disposition of bereaved family benefits and funeral expense against the Plaintiff is revoked.

2...

Reasons

Details of the disposition

From April 2, 2010, the Plaintiff’s husband B (C life, hereinafter “the deceased”) entered the company D (hereinafter “instant company”) and worked as the head of the management team, and performed the management work and production work, such as product packaging, inventory management, etc.

B. On July 2, 2013, at around 19:30, the Deceased went to shower in the shower room in the instant company after the completion of his duties, and was discovered in the state of 21:00 on the same day and sent back to E Hospital, but died at around 21:20 on the same day (hereinafter “the death of this case”), and the body was presumed to have died of the person who was directly in the face of the body without the autopsy and the person who was directly in the face of the body of the deceased, as a breathic heart disease.

C. The Plaintiff asserted that the deceased’s death constituted an occupational accident and claimed the payment of survivors’ benefits and funeral expenses against the Defendant. On October 4, 2013, the Defendant refused the payment of the deceased’s death on the ground that “it is difficult to recognize a proximate causal relationship between the deceased’s death and his/her duties” after deliberation by the Occupational Disease Determination Committee.

(hereinafter “instant disposition”) D.

The Plaintiff filed a request for examination against the instant disposition, but the Defendant dismissed the Plaintiff’s request for examination on March 10, 2014.

Although the Plaintiff filed a request for reexamination again, the Industrial Accident Compensation Insurance Review Committee dismissed the Plaintiff’s request for reexamination on September 12, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, and the purport of the entire argument as to the legitimacy of the disposition of this case as a whole, the plaintiff's deceased due to considerable occupational course and stress, so there is a proximate causal relation with the deceased's death.

On a different premise, the Defendant’s instant disposition is unlawful.

It shall be as shown in the attached Form of the relevant statutes.

Facts of recognition

The Deceased’s work leader was in charge of accounting affairs, export management affairs, and production management as the head of the management team of the instant company.

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