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(영문) 서울행정법원 2018.08.24 2018구합50703
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. The deceased B (Cre; hereinafter “the deceased”) is a person working in the video display business division of D Co., Ltd. (hereinafter “instant company”).

B. On October 7, 2016, the Plaintiff, a spouse of the Deceased, discovered that he was unable to be able to enjoy by losing consciousness in his own house, and reported to 119. However, at the time of the dispatch of the 119 Rescue Team, the Deceased was already dead, and the Ewon F of the deceased, who conducted an examination of the deceased’s body, determined that the deceased’s direct death was a acute bruption.

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 January 3, 2018, the Defendant rendered a disposition on survivors’ benefits and funeral funeral expenses (hereinafter “instant disposition”) according to the deliberation by the Minor Disease Determination Committee, on the ground that “The injury and stress to the degree of causing the deceased’s death may not be verified, and the injury, which is the personal disease of the deceased, naturally aggravated and died. Therefore, proximate causal relation between the deceased’s work and the deceased’s death is not acknowledged.”

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 5 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Considering the following circumstances in the Plaintiff’s assertion, there is a proximate causal link between the deceased’s death and his/her duty, since the climatic climatic climatic disorder, which is an existing disease of the deceased, rapidly aggravated due to occupational and stress, led to acute heart diseases.

Therefore, the instant disposition should be revoked as it is unlawful on a different premise.

around 2007, the Deceased joined the instant company and worked in the radio business department, and due to its nature, the Deceased worked at night for 70-100 hours each month.

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