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(영문) 서울행정법원 2016.04.28 2015구합66356
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. From March 19, 2014, the Plaintiff’s husband (CB, hereinafter “the deceased”) was employed as a one-time mold and carried out works to install frys, etc. in the construction site for the relocation of the Incheon High School (hereinafter “instant construction site”). From March 19, 2014, the Jinjin Co., Ltd. was killed during the construction site for the relocation of the Incheon High School (hereinafter “the construction site”). From June 12, 2014, the Plaintiff was trying to drink the new frys on the second floor of the construction site at the construction site at the construction site at 09:50, and was used as a second floor fysb above the second floor of the construction site at the construction site at the construction site at the 119 first aid unit.

B. On June 27, 2014, the National Institute of Scientific Investigation determined that the private person of the deceased was a acute funeral as a result of the autopsy on the deceased.

C. On January 23, 2015, the Plaintiff asserted that the deceased’s death constitutes an occupational accident and filed a claim for the payment of survivors’ benefits and funeral expenses to the Defendant, but the Defendant rendered a disposition of survivors’ benefits and funeral site expenses (hereinafter “instant disposition”) on the ground that there is no proximate causal relation between the business and the death on March 20, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, witness E's testimony, and whole pleading

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the deceased worked without a 9-day holiday prior to the death, and that the working hours were more than 30% of the average of 4 or 3 months prior to the death during one week prior to the death, and reached 51.5 hours more than the average of 30% prior to the death.

In addition, the Deceased had engaged in the transportation and installation of oil pumps from the temperature of the maximum of 27.8cc. to the temperature of the maximum of 27.8cc. during one week prior to the death, and the Deceased was in charge of the same work carried out by 2 to 3 persons on the day of death.

The deceased’s death is an occupational accident, as a result of the aggravation of the fiber color or the brue death wall, which is the existing disease of the deceased, due to occupational malpractice and stress. Therefore, the deceased’s death constitutes an occupational accident.

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