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(영문) 서울행정법원 2019.08.23 2018구합67978
유족급여및장의비부지급처분취소
Text

1. The disposition that the Defendant rendered to the Plaintiff on November 7, 2017 on the bereaved family’s benefits and funeral expenses shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The deceased B (Cre; hereinafter “the deceased”) is a person who has worked as the president of the research institute in D Co., Ltd. (hereinafter “instant company”) by a chemical product manufacturing company (hereinafter “instant company”).

B. On January 8, 2017, the Deceased attempted to commit suicide by selling a tree with an electric power line from the head of the native House E in Chungcheongnam-si, Chungcheongnam-si, and after being discovered by the Plaintiff, the deceased’s spouse, the deceased’s spouse, the deceased was transferred to a nearby Fa Hospital, and was eventually killed on January 17, 2017.

C. The Plaintiff, who performed the funeral of the Deceased, claimed that the death of the Deceased constituted an occupational accident, and claimed the payment of survivors’ benefits and funeral expenses to the Defendant.

On November 7, 2017, 2017, the Defendant: (i) filed a lawsuit on the possibility of the merger between the instant company and the other company around October 2014; (ii) was unstable that the Deceased might lose his work; (iii) it can be deemed that the uneasiness was resolved by the end of the work; and (iv) it was uneasy that there was an uneasiness in the workplace or that it would not be disadvantageous to the company due to the partner’s receipt of gift certificates from the subcontractor around November 2016; (iii) it appears to have been resolved without any special conflict after explaining the relevant content to the business owner; and (iv) even if the Deceased’s responsibility as a manager and burden of performance of duties, such as the reduction of responsibility and performance of duties as a manager.

Even if the deceased performed the same work for a period of 20 years and was familiar with the relevant work, and there was no serious occupational error, such as increase in work volume, compared to the daily work before the death. ④ From the end of December 2016, the deceased hospitalized in a mental department from the end of 8 days to the end of 2016, and the company side of this case seems to have given consideration to the deceased to actively receive medical treatment. ⑤ The deceased attempted suicide for a long time since the above mental diagnosis and treatment, and the reason for attempted suicide is unclear, the deceased’s personal vulnerability rather than his work.

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