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(영문) 서울행정법원 2014.07.10 2014구합52305
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 February 1, 2009, the Plaintiff’s partner C (D students, hereinafter “the deceased”) joined, and served as E on February 1, 2009.

B. On October 8, 2012, the Deceased was used in preparation to work at his home and sent back to the hospital. However, on around 08:40, the Deceased died as “the first death, the second death, the second death, and the second death’s death.”

C. On November 27, 2012, the Plaintiff asserted that the deceased died from an occupational accident and claimed the payment of bereaved family benefits and funeral expenses to the Defendant. However, on March 5, 2013, the Defendant rendered a disposition of bereaved family benefits and funeral funeral expenses (hereinafter “instant disposition”) on the ground that there is no proximate causal relation between the deceased’s death and his/her duties, and thus, it does not constitute an occupational accident.

On May 20, 2013, the Plaintiff filed a request for review against the Defendant on May 20, 2013, but was dismissed on July 17, 2013. On October 1, 2013, the Plaintiff filed a request for reexamination to the Industrial Accident Compensation Insurance Reexamination Committee, but the request for reexamination was also dismissed on November 22, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5 (including paper numbers), Gap evidence 6-1, 3, Gap evidence 7-3, 4, Eul evidence 4 and 5, and the purport of the whole pleadings

2. The Defendant asserts that, according to Article 71(1) of the Industrial Accident Compensation Insurance Act (hereinafter “Act”), funeral expenses are paid to the bereaved family members, etc. who held the funeral in the actual funeral. Since the deceased’s person who held the funeral is a person or B of the deceased, he/she did not have standing to sue to seek cancellation of the disposition of the funeral’s site level.

On the other hand, the plaintiff filed a lawsuit seeking revocation after filing a claim for funeral expenses with the defendant after receiving a site payment disposition. Thus, the plaintiff's entitlement to funeral expenses in this case is determined within the grounds for determination in the merits.

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