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(영문) 서울행정법원 2017.11.24 2017구합57585
유족급여 및 장의비부지급처분취소청구
Text

1. On October 20, 2016, the disposition that the Defendant rendered to the Plaintiff on October 20, 2016 as bereaved family benefits and funeral expenses shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On March 11, 1996, the deceased’s spouse B (hereinafter “the deceased”) joined the Korea Highway Corporation as Class 5 civil engineering workers, and worked in the former main branch, the Gyeonggi Construction Business Office, the Audio-Sacheon Construction Business Agency, etc., and worked in D branch from January 20, 201.

B. On November 3, 2015, when the deceased worked as the director in charge of the maintenance and repair of D branch offices, the deceased committed suicide by hanging the trees at the first floor physical training room of D branch offices under the ground of D branch offices to the upper end of the D branch office, by stringing them into the upper end of the D branch office.

C. The Plaintiff asserted that the deceased’s death constitutes occupational accidents due to occupational burden and negligence, etc., and claimed for the payment of survivors’ benefits and funeral expenses to the Defendant.

However, on October 20, 2016, on the ground that there is no proximate causal relation between the deceased’s death and his/her duties, the Defendant rendered a determination of the bereaved family’s benefits and funeral site expenses, and notified the Plaintiff thereof.

(hereinafter “instant disposition”) D.

The Plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but the said Committee dismissed the Plaintiff’s request for reexamination on January 19, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, 22, 23 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was subject to heavy stress due to the management of materials for snow removal work performed in 2014, and accordingly, the Deceased caused depression.

In such a situation, the Deceased performed a duty to manage materials for snow removal operations again in 2015, and performed an excessive duty, such as leaving 36 times or a business trip for about three months before the death, and caused suicide.

Therefore, there is a proximate causal relation between the deceased’s death and the work. Thus, the instant disposition is unlawful on a different premise.

B. The deceased shall take charge of the recognition.

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