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(영문) 서울행정법원 2015.11.05 2015구합53053
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. The Plaintiff’s husband’s husband’s husband’s net B (CB, hereinafter “the deceased”) is an employee who is in charge of electrical installation, who works in the construction site of the Incheon International Airport Maintenance Facility (B-1) from November 27, 2012 to December 28, 2012, who was awarded a subcontract for the development project of the Incheon International Airport Maintenance Facility (B-1) development project by the gold Industry Co., Ltd., Ltd., and was in charge of cable distribution.

B. At around 07:40 on February 1, 2013, the Deceased was found to be used on the first floor of the building at the construction site and was sent to an emergency room at the Reduced University, but was already dead at the time of arrival of the hospital.

C. As a result of the autopsy conducted on February 4, 2013 by the National Scientific Investigative Research Institute, the deceased's private person was judged to be a brudial heart disease (including the possibility of acute brudial fluorial fluorial fluorial fluority).

On November 29, 2013, the Plaintiff asserted that the deceased’s death constitutes occupational accidents, and filed a claim for the payment of survivors’ benefits and funeral expenses. However, on January 15, 2014, the Defendant rendered a decision on the payment of survivors’ benefits and funeral expenses based on the Judgment of the Radical Disease Determination Committee on the ground that “It is difficult to recognize a proximate causal relation with the deceased’s death as a result of an autopsy on the ground of the determination of the Madical heart disease (including the possibility of acute refluence) as a result of the autopsy, and the rapid change of working environment, such as the sudden situation and the degree of difficulty to cope with the ability to cope with the outbreak of work force and the duty. Moreover, it is difficult to recognize a causal relation with the deceased’s death due to the aggravation of work due to the natural progress of an existing individual disease.”

(hereinafter “instant disposition”) e.

The Plaintiff sought revocation of the instant disposition, but the Defendant dismissed such request on May 28, 2014.

On the other hand, the plaintiff filed a request for reexamination.

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