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(영문) 서울행정법원 2015.07.03 2014구합64858
유족급여및장의비부지급처분취소
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Details of the disposition

On May 2, 2011, the network D (EE; hereinafter referred to as “the network”) entered the F Co., Ltd. (hereinafter referred to as “F”) and served as the F Chairperson’s driver.

망인은 2013. 12. 2. 07:30경 서울 강남구 도곡동 타워팰리스 앞 노상에서 운전하던 중 정차하고 있는 택시와 접촉사고를 일으켰다.

The deceased was already dead at the time of the first day of the 119 first day after confirming that the deceased had no consciousness and reported to 119.

According to the body autopsy report by the medical school of the next generation, the deceased’s private person is indicated as “unexit,” but it is reasonable to regard the deceased’s private person as the heart disease in the autopsy report dated December 23, 2013 by the National Science Investigation Institute.

The Plaintiffs asserted that, as their children, the deceased died from stressed stress, etc., and claimed for the payment of bereaved family benefits and funeral expenses. However, on May 26, 2014, the Defendant issued a bereaved family benefits and funeral site-based disposition (hereinafter “instant disposition”) to the Plaintiffs.

[Grounds for recognition] In the absence of dispute, Gap evidence 1, Eul evidence 2, Eul evidence 1, Eul evidence 2, Eul evidence 1, Eul evidence 3, Eul evidence 1, the overall purport of the argument in this case is legitimate, and since the plaintiff's assertion as to whether the disposition in this case is legitimate as a whole, the plaintiff should work much more time than the working hours as set out in the work hours because he worked together as a driver of the FF president with his attendance and retirement. The weekend work is frequently conducted.

In addition to driving duties, the Deceased had to perform management duties for the real estate owned by F and the villas located in the city of Hanam, so the intensity of duties was strong.

In addition to these circumstances, the time when the accident occurred is the end of the year, and the retirement has been delayed, so the burden of the business has been more severe.

The Deceased shall be in such occupational course and stress.

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