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(영문) 서울행정법원 2016.02.04 2014구합74008
유족급여및장의비부지급처분취소
Text

1. On April 29, 2014, 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 March 18, 2002, Non-Party B (hereinafter “the deceased”) entered Non-Party D Co., Ltd. (the above company was merged with Non-Party E Co., Ltd. on December 1, 2012; hereinafter “Non-Party E”) and was in charge of the security program development at the early stage. Upon the issuance of the first business division manager in 2008, the head of the business division in the business division in the business division in the business division in the business division in the business division in 2008, he/she continued to perform the same duties even after promotion to the vice head of the same department in the same year in 2011.

B. At around 10:50 on January 9, 2013, the Deceased committed suicide by putting the trees out of the apartment stairs that he/she had resided.

C. The Plaintiff, the deceased’s spouse, asserted that the deceased’s death constitutes an occupational accident, and claimed for the bereaved family’s benefits and funeral expenses to the Defendant, but the Defendant rendered a decision on the site payment on April 29, 2014 as follows.

(hereinafter “instant disposition”). - The business-related stress is recognized to a certain degree, but its content and strength are not excessive to the extent that the suicide is likely, so it is difficult to recognize a proximate causal relationship between the business and the accident.

The Plaintiff was dissatisfied with the instant disposition and filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but was ruled dismissed on August 22, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, fact inquiry results of this court's fact inquiry about Gap corporation E, purport of whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was subject to heavy stress due to the customer’s claim against hacking damage and the investigation by the investigative agency, the burden of independent business activities, the customer’s compliance due to the failure of the security program, the company’s loss due to the deceased’s failure, the report on the settlement of accounts, and the burden of the target sales report meeting. Accordingly, the deceased’s death constitutes occupational accident.

(b).

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