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(영문) 서울행정법원 2014.12.19 2014구합64032
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 enrolled in C on May 16, 1989 (hereinafter referred to as “C”) and served as the source guard, the entry and exit manager.

B. B (hereinafter “the deceased”) was diagnosed as waste cancer at the Gangwon-do National University Hospital on December 11, 2010, and died on November 9, 2013.

C. On January 22, 2014, the Plaintiff, the wife of the Deceased, requested the Defendant to pay bereaved family benefits and funeral expenses on the ground that “the deceased’s death is an occupational accident,” but was subject to the Defendant’s disposition of bereaved family benefits and funeral expenses on July 10, 2014.

(hereinafter “Disposition in this case”). [In the absence of dispute], Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that there was no special health problem or family ability before the occurrence of the disaster; C did not provide his employees with a fire-proof rain, fire-proof work clothes, and lock-up; C did not install a fire-proof facility or equipment; and did not conduct safety education on the prevention of disease or disease caused by the exposure to a fire-proof dust; and the Deceased was exposed to a streak during approximately 24 years and six months in work in C, due to the decline in the pulmonary dust, and the pulmonary function and immunity was caused by the decline; and the pulmonary function and immunity was rapidly aggravated due to the early aggravation of the pulmonary cancer; thus, there is a proximate causal relation between the deceased’s death and the work.

(b) Entry in the attached Form of relevant statutes;

(c) the facts of recognition (1) the duties of the deceased and the working environment (A) C are composed of a company engaged in the Matry Manufacturing, a business officer, a letter-post, and a management department.

The plaintiff worked as the Deputy Director of the Management Department, and was in charge of production management affairs, delivery affairs of originals, production status management, and receipts and disbursements management at the site of office and originals inspection sites.

Part-time Duties.

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