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(영문) 서울행정법원 2016.10.14 2015구합82815
유족급여및장의비부지급처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On July 15, 2013, the Plaintiff’s ASEAN (C.C. students, hereinafter “the deceased”) entered the D Home Co., Ltd. and worked as a cook at D (hereinafter “instant workplace”).

On November 18, 2013, the Deceased was in the emergency room at the Chungcheongnam-do University Hospital on the same day, and died on the same day at around 16:05 on the same day when he/she was in the process of receiving cardiopulmonary resuscitation and receiving cardiopulmonary resuscitation treatment due to the occurrence of cardiopulmonary resuscitation in the process of being transported to the E hospital and the F hospital, while he/she was waiting to work in the workplace of this case and was waiting to leave the house without being 08:00, and was waiting to leave the house at the cook's resting room.

The death diagnosis report on the deceased is written by the direct death person.

The Plaintiff claimed for the payment of bereaved family's benefits and funeral expenses to the Defendant regarding the instant injury and disease, but was dismissed, and requested for reexamination on May 14, 2014, but the same year.

6. The dismissal was 27.

On October 19, 2015, the Plaintiff claimed for the payment of bereaved family benefits and funeral expenses to the Defendant. On December 2, 2015, the Defendant dismissed the Plaintiff’s claim on the ground that proximate causal relation between the deceased’s death and his/her duties is not recognized.

(hereinafter “instant disposition”). [This case’s disposition” (hereinafter “instant disposition”), without dispute, each statement of Gap evidence Nos. 1 through 4, and evidence Nos. 8 and 9 (including a string number; hereinafter the same shall apply), and the purport of the entire argument as to the legitimacy of the instant disposition, the Plaintiff asserted that the Plaintiff’s disposition was lawful, and the Plaintiff was a young male aged 29 who was under the age of 29 who was unable to smoke at the time of his death and was under the influence of drinking, and the place of the instant business where the Deceased’s work was employed was small compared to other branches, and there was a little amount of cook’s work, and the Deceased was difficult to adapt to his work since four months have not passed since he was employed at the time of his death. Accordingly, the Deceased did not take sufficient rest after being treated as a fluorous and fluorous agriculture on Oct. 2, 2013.

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