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(영문) 서울행정법원 2019.03.15 2018구합63075
유족급여및장의비부지급처분취소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The network D (E; hereinafter “the network”) is a person who works for F Co., Ltd. (hereinafter “instant company”) as a director and a director at the construction site.

B. On April 20, 2017, Plaintiff A, the deceased’s spouse, discovered that the deceased’s condition was abnormal and reported to 119. Despite the cardiopulmonary resuscitation of the 119 Rescue Team, the deceased was determined as dead.

The date and time of death in the body examination report of the deceased prepared by G medical doctor H is written as “the date and time of death on April 20, 2017 (Presumption)” and the cause of death as “the presumption of death” respectively.

C. The Plaintiff A and C, a spouse of the deceased, claimed that the death of the deceased constituted occupational accidents, and claimed for the payment of bereaved family benefits and funeral expenses to the Defendant.

On September 7, 2017, the Defendant’s “the cause of death of the deceased is unclear, and there is no occupational fault and stress to the extent of causing the death of the deceased, so there is no proximate causal relation between the deceased’s work and the death,” refers to the “disposition in the instant case below the bereaved Family Benefits and the funeral site pay according to the results, etc. of deliberation by the Daejeon Committee for Determination of Occupational Diseases.”

[Reasons for Recognition] Facts without dispute, Gap evidence A Nos. 1 and 2 (including branch numbers if any); hereinafter the same shall apply)

each entry, the purport of the whole pleading

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The Defendant deemed that the deceased’s private life is unclear. However, given that the deceased was suffering from low-risk diseases, such as neutism, chronic complex infection, heart equipment band, and high blood pressure, it is reasonable to view that the deceased died with acute fluence, etc., taking into account that such diseases were the major causes of cardio-cerebrovascular diseases, such as acute fluence, etc., it is reasonable to deem that the deceased died with acute fluence. 2) The deceased’s average working hours per week were excessive work hours within 60 hours, and the burden on the deceased’s work due to commuting to long distance is greater.

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