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(영문) 서울고등법원 2018.08.24 2017누89867
유족급여및장의비부지급처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court's explanation concerning this case is the same as the reasoning of the judgment of the court of first instance, except for the part added to the judgment of the court of first instance under paragraph (2). Thus, it is accepted as it is in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the

2. Additional determination of this Court

A. The Plaintiff’s assertion constitutes “the Defendant’s guidelines for the investigation and determination of occupational diseases caused by cerebrovascular diseases” (hereinafter “amended guidelines”) that was amended by the Ministry of Employment and Labor pursuant to the Ministry of Employment and Labor (2017-117) and enforced from January 1, 2018, and the Defendant’s “the Defendant’s duty status” refers to “a chronic excessive work” under the amended guidelines, “a sudden change in business environment (e.g., physical and mental burden due to unexpected or sudden disputes or assault related to his/her duties)” or “the burden of occupational burden (e.g., for a limited period of time, other duties other than ordinary duties).”

In addition, in relation to the criteria for determining “mary excessive work”, the deceased’s work constitutes “the work exposed to a harmful working environment (limited troke), the work frequently with a large number of city cars, and the work with a large mental tension,” and thus, the deceased’s death should be recognized as an occupational accident.

B. The 1 revised instruction is assessed as follows: (a) when the average operating hours per week during 12 weeks prior to the outbreak exceeds 52 hours on the basis of the primary basis of the determination of “absent excessive work”; (b) when the operating hours exceed 52 hours, it is assessed as the number of working hours exceeds the number of hours; and (c)

"" is defined as ".

In the case of the deceased, the 12-day working hours before the death cannot be deemed as falling under the above guidelines on an average of 43 hours per week.

Furthermore, it is examined as to whether it constitutes an increase in work burden according to the revised guidelines.

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