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(영문) 서울고등법원 2014.12.03 2014누47084
유족급여및장의비부지급처분취소
Text

1. Revocation of the first instance judgment.

2. On December 16, 201, the Defendant’s payment of survivors’ benefits and funeral expenses to the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff’s husband’s husband B (hereinafter “the deceased”) is a person who joined the World Tour Co., Ltd. (hereinafter “the 2nd century tourer”) on August 31, 2009 and was engaged in bus driving services.

B. At around 21:00 on November 28, 2009, the Deceased, after having completed a meeting ceremony on November 29, 2009, died on the same day at around 03:05 on the same day. On November 29, 2009, the Deceased, who returned home to the Goo University Hospital by the 119 Rescue Team, died on the same day.

The reason for death in the written diagnosis of death is written in the name of the deceased, and the person in charge of the written diagnosis of death is written in the form of a acute alarm.

C. On November 17, 2011, the Plaintiff filed a claim with the Defendant for the payment of bereaved family benefits and funeral expenses by asserting that the cardio-pact color of the deceased was caused by occupational reasons. However, on December 16, 2011, the Defendant rendered a disposition rejecting the payment on the ground that there is no proximate causal relation between the deceased’s cardio-pactical color and the work (hereinafter “instant disposition”).

On May 16, 2013, the plaintiff filed a request for review to the Board of Audit and Inspection, but the Board of Audit and Inspection dismissed the plaintiff's request for review.

[Reasons for Recognition] Gap's Evidence Nos. 1, 2, 4, 5, 9, Eul's Evidence Nos. 5 and 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was employed in the World Tour and worked on an average of 84.3 hours per week, and the deceased worked on an average of 94.75 hours per week in November of the death of the deceased, and the five weeks prior to the death were on duty without leave of absence.

In particular, in November of the deceased's death, the bus operation, which is the deceased's work, has a lot of stress that requires considerable concentration. In particular, in the time of the operation of tourist buses, passengers are punished by drinking alcohol in the bus.

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