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(영문) 서울행정법원 2018.03.22 2016구합53449
유족급여및장의비부지급처분취소
Text

1. On June 2, 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 January 7, 1999, the Plaintiff’s husband B (hereinafter “the deceased”) entered the Plaintiff Company D as C and was in charge of genetic and wireless network management until December 14, 2012.

B. On December 14, 2012, the Deceased attended the meeting ceremony (hereinafter “instant ceremony”) after the completion of his/her duties on December 22:40, 2012. On December 15, 2012, the Deceased went back to the nearby her mother line while returning home at around 02:30 on December 15, 2012, and was sent back to the hospital and received treatment, but on December 13:05, the Deceased died as “direct death blood transfusion” (hereinafter “the instant injury”).

C. 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 was caused by his/her duties. However, on June 2, 2015, the Defendant rendered a disposition on survivors’ benefits and funeral funeral expenses (hereinafter “instant disposition”) against the Plaintiff on the ground that “it is difficult to recognize a proximate causal relation with the duties of the applicant branch on the ground that it is difficult to find that there was a low causal relation with the duties of the applicant branch due to the fact that “the confirmation of medical data, such as a death certificate, was conducted as a result of confirming the medical data, such as the death certificate, but it is difficult

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-1, 4, 6, 7, and 8; the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was tension and stressed in December, and the body was increased due to extension and holiday work, and the body was reviewed on the mid-term project report, and the duties of the deceased were increased continuously.

The Deceased worked at night from December 10, 2012 to December 14, 2012, and on December 14, 2012, the date of the occurrence of the instant accident, December 14, 2012, the Deceased’s work and mental stress are increased due to the increase of physical overwork and mental stress.

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