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(영문) 서울행정법원 2016.05.27 2014구합22113
유족급여및장의비부지급처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Details of the disposition

On March 21, 1998, the deceased C (hereinafter referred to as "the deceased") retired from his/her home on April 15, 2014 and went to work at around 23:50 after he/she went to work at his/her home on his/her own house, and was found to have died after leaving his/her door in the waiting room for the street cleaners of the community service center at around 01:40 on the following day.

The Plaintiff A and B, who was the deceased’s wife, claimed for the payment of bereaved family benefits and funeral expenses to the Defendant. However, on November 4, 2014, the Defendant rendered a disposition of bereaved family benefits and funeral funeral expenses against the Plaintiffs on the ground that the causal relationship between the deceased’s death and his/her duties is not recognized.

(hereinafter referred to as the "disposition in this case"). [The grounds for recognition] did not dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, Eul evidence Nos. 1, and the purport of the entire argument as to the legitimacy of the disposition in this case, the plaintiffs asserted that the disposition in this case was lawful, against normal physiological rhythm for about 18 years, and the deceased was exposed to garbage and bad malodor, and the work form of the deceased who collected food waste by moving after cleaning was always at large risk and under tension and stress.

In addition to overwork and occupational stress, it is difficult to find any other reason to cause the dynamic crypification and serious flapation of the deceased, and there is a proximate causal relation between the deceased’s work and the death.

It shall be as shown in the attached Form of the relevant statutes.

In fact, the deceased was 55 years of age at the time of his/her death as Embrypt health condition of the deceased, and kidne was 167 cm for kidne, 59 g for body, and 1/2 of tobacco per day, and 1/2 of tobacco was dnicked twice a week.

As a result of the health examination on December 13, 201, the Deceased is Hg (less than the normal 100/80), 101g/dl (less than the normal 100/100), total of less than 129/70 meters (less than the normal 100/80), and total of the deceased.

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