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(영문) 서울행정법원 2016.08.19 2015구합72993
유족급여및장의비부지급처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. B (C) who is the spouse of the Plaintiff following the disposition, died after being sent to the hospital due to the Plaintiff’s failure to repulmonon at his home at around 01:00 on May 14, 2014.

(hereinafter referred to as “the instant accident.” The Defendant determined that the Gwangju Occupational Disease Determination Committee (hereinafter “the Deceased”)’s natural aggravation of the existing disease, such as a heart surgery record, rather than occupational course or stress, caused the death of the Deceased, based on the working hours, careers, work details, etc. of B (hereinafter “the deceased”). On February 23, 2015, the Defendant rendered a decision to pay the bereaved family’s benefits and funeral expenses to the Plaintiff on February 23, 2015.

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, entry of Gap evidence Nos. 1 and 2, and purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On June 20, 201, the Deceased’s working hours, work experience, and work performance of duties on the site of interior work, including the mobile phones located in Gwangju, Daejeon, Jeonju, Gunsan, Yansan, Yansan, Yancheon, and inn water, and cosmetics agencies. The Deceased’s working hours for 50 hours and 50 minutes per week prior to the occurrence of the instant accident and 48 hours and 46 minutes per week for 12 weeks prior to the occurrence of the instant accident. The Deceased’s working hours for 50 hours and 50 minutes per week during the instant accident, and the hours for 48 hours and 46 minutes per week during the instant four weeks prior to the occurrence of the instant accident (the foregoing working hours are not included in the moving hours from Gwangju, where the Deceased’s company and house are located, to the construction site.

(2) On the other hand, the Deceased’s health condition was performed at two sites of construction work in 2014. (2) The Deceased’s health condition had undergone a heart surgery before being 20 prices. The Deceased received a heart surgery in 20s, but did not undergo a heart-related treatment, and there was no other special characteristics received a heart-related treatment.

3. The present situation and the cause of death of the disaster of this case are the deceased.

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