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(영문) 서울행정법원 2017.11.23 2016구합61228
유족급여및장의비부지급처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details and details of the disposition;

A. On March 26, 2013, the deceased B (hereinafter “the deceased”) entered a warehouse company C (hereinafter “instant company”) that carries on warehouse business and carried on the overall management of logistics warehouses.

B. The Deceased lived on the third floor of the warehouse building of the instant company located in Ansan-si D, and was discovered on November 25, 2014 at the above accommodation on the 06:10 on November 25, 2014 after having died.

C. On July 15, 2015, the Plaintiff, the deceased’s spouse, asserted that the deceased’s death constituted occupational accidents and claimed the Defendant to pay survivors’ benefits and funeral expenses.

On September 3, 2015, the Defendant rendered a disposition on the bereaved family’s benefits and funeral expenses (hereinafter “instant disposition”) to the Plaintiff on the ground that “the cause of the deceased’s death is unknown, and thus the proximate causal relation between the deceased’s death and the work cannot be acknowledged.”

[Ground of recognition] Unsatisfy, Gap evidence Nos. 2-5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is that the Deceased worked on an average of 69 hours per week, 12 weeks per week, and 67 hours per week during four weeks prior to the occurrence of the disaster, and the Deceased suffers from chronic excessive work, and the Deceased was under high blood pressure, urology, and urology in the warehouse of the instant company, with accumulated stress and stress, and rapid increase in the number of business operations for the four weeks prior to the occurrence of the disaster compared to the 12 weeks prior to the occurrence of the disaster. In view of the above, the Deceased’s occupational stress and chronic excess work caused the Deceased’s death by worsening the existing disease, such as high blood pressure, and urology, beyond the natural progress.

Since there is a proximate causal relationship between the deceased’s death and his duties, the instant disposition is unlawful.

B. The details of the relevant statutes are as shown in the attached statutes.

C. Determination 1-related legal principles are death due to occupational causes stipulated in Article 5 subparag. 1 of the Industrial Accident Compensation Insurance Act.

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