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(영문) 서울행정법원 2017.09.21 2016구합67677
유족급여및장의비부지급처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

From January 1, 2015, B (C) served as a chartered operator of a limited partnership E (hereinafter referred to as “E”) with its principal office in Gangwon-gun, Gangwon-do from January 1, 2015.

B, around 07:15 on October 4, 2015, from the home located in the Won-si F, arrived at the H station located in the Gangwon-si G, and was used at around 08:30 on the same day as the bus he was transported to the I hospital by the 119 first aid unit, but died in an acute frienction around 09:28 on the same day.

(B) On February 2, 2016, the Plaintiff filed a claim for survivors’ benefits and funeral expenses with the Defendant, but the Defendant, on April 11, 2016, did not observe the occurrence of a sudden and difficult incident or a sudden change in the business environment related to the work within 24 hours prior to the death of the deceased, and at least 30% of the deceased’s work quantity and work hours have increased within one week prior to the death. However, the duty is determined to have high autonomy and high degree of business strength, and the duty factors recognized to have continuously caused excessive physical and mental burden are objectively not verified, and thus, the death of the deceased is not recognized as a death on duty, and thus, the Defendant determined the survivors’ benefits and funeral site wages (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, and the purport of the whole argument of the plaintiff's argument is that the deceased worked for an average of 42 hours to 45 hours per week, and the daily working hours per week before death increased by more than 74 hours, which is rapidly increased by more than 60% of daily working hours, and the bus driving service must always be tension and concentrated in order to prevent accidents during operation.

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