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(영문) 서울행정법원 2017.06.01 2015구합81539
유족급여및장의비부지급처분취소
Text

1. On May 28, 2015, the Defendant’s disposition of bereaved family benefits and funeral expense against the Plaintiff shall be revoked.

2...

Reasons

1. Details of the disposition;

A. On February 1, 1990, the Plaintiff’s husband B (hereinafter “the deceased”) joined the Korea Land and Housing Corporation on February 1, 1990, and on January 20, 2015, the Plaintiff’s husband was transferred to the head of the Incheon Regional Headquarters C of the High-frequency Residential Welfare Group.

B. On January 31, 2015, at around 07:40, the Deceased died of cerebral cerebral livers on the following day, on the ground that he/she was sent to a university hospital by the 119 first aid team and was under medical treatment after being sent to a university hospital. On February 1, 2015, on the following day, the Deceased died of cerebral cerebral cerebriforms and cerebral cerebral cerebriforms.

(hereinafter referred to as “instant disaster”). C.

On April 2, 2015, the Plaintiff filed a claim against the Defendant for the payment of survivors’ benefits and funeral expenses on the ground that the deceased’s death constitutes an occupational accident. However, on May 27, 2015, the Defendant rendered a decision on the payment of survivors’ benefits and funeral expenses on the ground that “it is difficult to find a proximate causal relation between the deceased’s death and the deceased’s work because of the fact that “the deceased’s death was determined that there was an increase in a certain portion of stress on duty as a result of the discontinuance of the deceased’s death, but special burden factors (such as an rapid increase in work volume, overwork, excessive stress, etc

(hereinafter "Disposition in this case"). 【No dispute exists, Gap evidence 1-5, Gap evidence 3-7, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

(a) as shown in the Attachment of the relevant statutes;

B. 1) On February 1, 1990, the deceased had been employed as a technical guard in the Korea Land and Housing Corporation on February 1, 1990. On February 1, 2013, the deceased had been promoted to the position of the head of department, and served as C head for two years from the Daegu-Gyeongbuk Northern District Headquarters on February 1, 2013. On January 20, 2015, he was appointed as the head of the Incheon Regional Headquarters as the head of the Incheon Regional Headquarters in accordance with the personnel order issued on January 20, 2015.

B) Type of work, residence, and commuting (1) the Deceased worked on a five-day basis (on a Saturday and a one-day holiday) per week.

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