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(영문) 서울행정법원 2014.03.06 2012구합2023
유족급여및장의비부지급처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On August 23, 2004, the deceased B (Cre; hereinafter “the deceased”) joined Hyundai Fred Co., Ltd. (hereinafter “Nonindicted Company”) and served as an intra-company meal delivery service provider of the foregoing company’s chemicalization point (hereinafter “HE”).

나. 망인은 2010. 7. 22. 야간근무조로 19:00경 출근하여 식사 후 20:35경 간식을 배송하던 중 동료에게 감기 증상이 있다고 이야기하고 기아자동차 화성공장 내 소외 회사의 식당 휴게실에서 휴식 중 20:45경 얼굴이 창백하고 입술이 새파랗게 변하여 누워 있는 상태로 발견되었고, 구급차량으로 병원에 이송되었으나 같은 날 22:00경 심근경색(의증)에 따른 심폐정지로 사망하였다.

As a result of the autopsy by the National Scientific Investigative Institute, the cause of death of the deceased is “hovascular heart disease.”

C. On January 6, 2011, the Plaintiff asserted that the deceased died due to an occupational accident, and claimed the payment of survivors’ benefits and funeral expenses to the Defendant, but the Defendant rendered the instant disposition to the Plaintiff on January 6, 201 to pay the survivors’ benefits and funeral expenses to the Plaintiff on the ground that “the blood heart disease is determined as a non-occupational accident for which proximate causal relation with the work is not recognized.”

On May 12, 201, the Plaintiff filed a request for an examination with the Industrial Accident Compensation Insurance Review Committee, but was dismissed on May 12, 201, and filed a request for reexamination with the Industrial Accident Compensation Insurance Review Committee, but was dismissed on October 17, 201.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 3 (including branch numbers), and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On July 28, 2008, the Plaintiff’s alleged deceased returned to the workplace on July 6, 2009 after receiving the approval of additional medical care due to the outbreak of brain color, but any measure taken by the company to convert work or prevent recurrence.

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