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(영문) 서울행정법원 2016.11.25 2016구합2748
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. B was employed by the Korea Railroad Corporation on February 14, 2005, and served as a facility manager at the headquarters C facilities office of the Seoul metropolitan area (hereinafter “instant business establishment”).

B. B, from July 14, 2015 to 21:30, from July 14, 2015, from around 19:30 to around 21:30, the head of the C facility team, the chief of the facility management office, the facility management office, the head of the day-time facility management office, the six staff members of the day-time survey team, and the one head of the equipment team at the day-time prior to the change of work place to the inspection team, dysnume one disease per week.

(hereinafter referred to as the “instant ceremony”). C.

B was returned to the Do newsletter after the instant ceremony, and the head was faced with a lid by the head of the lids of the Mandole-gu Seoul Metropolitan Government Guro-gu's Guro-gu Public Security Center.

(hereinafter referred to as “instant accident”). B was discovered after being used at around 21:52 on July 14, 2015, and was transferred to a hospital, and continued to be treated. However, around 19:30 on August 2, 2015, B died of the bones of head due to damage to two parts. D.

On December 18, 2015, the Plaintiff, the mother of the deceased B (hereinafter referred to as “the deceased”), applied for the payment of bereaved family benefits and funeral expenses to the Defendant.

On January 19, 2016, the Defendant notified the Plaintiff of the determination on the payment of bereaved family benefits and funeral site expenses on the ground that “The instant ceremony, at the time of the deceased’s appearance, was conducted according to the employee’s voluntary will without the process of pre-products or internal re-determination, and the attending party was to bear the expenses by gathering them, it is difficult to regard the instant ceremony as an official. The deceased is confirmed to have suffered a disaster after returning home after the completion of the ceremony. This cannot be deemed as an occupational accident under the employer’s control and management, and the deceased’s death does not constitute an occupational accident, and thus, constitutes an occupational accident.”

(hereinafter referred to as the "instant refusal disposition"). [Grounds for recognition] fall under Gap's 1 through 10, 12 through 19, and Eul's 1 through 4.

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