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(영문) 서울행정법원 2018.03.22 2017구합63139
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 October 22, 1979, the Plaintiff’s husband’s deceased B (hereinafter “the deceased”) entered D on October 22, 1979, and thereafter D was merged into E, the Plaintiff continued to work in E (hereinafter “instant company”).

B. On November 23, 2015, the Deceased worked at around 07:00, and started a place of business at around 08:50, and he went to a toilet at around 09:10. Around 09:26, the Deceased was discovered without food in a toilet in the place of business, and was transferred to the Blue University SIO Hospital via the 119 emergency squad.

In the above hospital, the deceased was diagnosed as a prop-iroper-propoper-propoper-propoper-propopered-propoper-propoper-propoper (hereinafter “the instant injury”) and died on December 17, 2015.

The person directly in charge of the deceased’s death is indicated in the death diagnosis report as “dives long-term skin,” and the intermediate winner as “divesives-out transfusion.”

C. The Plaintiff asserted that the deceased’s death constitutes an occupational accident and filed a claim for the payment of survivors’ benefits and funeral expenses. However, on September 12, 2016, the Defendant rendered a disposition of survivors’ benefits and funeral funeral site pay (hereinafter “instant disposition”) according to the result of deliberation by the Occupational Disease Determination Committee stating that “The deceased’s death is a branch office to a certain degree of business stress, such as the business performance and the wage peak system, but appears to have been predicted at an ordinary level, and there was no unexpected or sudden change in the business environment prior to the outbreak, and there was no short-term or chronic change, and there is no risk factor, such as a blood transfusion and smoking, and in full view of the fact that there is no proximate causal relation between the work and the injury and injury.”

The Plaintiff filed a request with the Industrial Accident Compensation Insurance Reexamination Committee for reexamination of the instant disposition, but the said Committee rendered a ruling dismissing the Plaintiff’s request for reexamination on February 9, 2017.

[Ground of recognition] A.

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