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(영문) 서울행정법원 2013.07.05 2012구합43420
유족급여및장의비부지급처분취소
Text

1. The disposition that the Defendant rendered to the Plaintiff on November 19, 2012 as bereaved family benefits and funeral site wages shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. B from April 20, 2006, from C Co., Ltd. (hereinafter referred to as “C”) manufacturing the base phone, served as the head of division or business director.

B, on July 14, 2012, was used in the franchise University located in the franchise-si located in the franchise-si, and was sent back to the Suwon Medical Center and received cardiopulmonary resuscitation.

After that, B died at around 12:16 on the same day due to the outbreak of heart suspension after being transferred to Aju University Hospital.

The reason for death was found to be the "explosion of tax unknown".

B. On October 8, 2012, the Plaintiff, the spouse of B (hereinafter “the deceased”), claimed for the payment of survivors’ benefits and funeral expenses to the Defendant on the ground that “the deceased died of occupational career and stress.”

On November 19, 2012, the Defendant rendered a disposition against the Plaintiff on the ground that “the deceased’s death does not constitute an occupational accident,” such as survivors’ benefits and funeral site pay.

(hereinafter “Disposition of this case”). 【Disposition of this case’s ground for recognition of this case’s existence of no dispute, Gap’s 1 through 6, Eul’s 3 (including each number), and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. On April 20, 2006, the Plaintiff’s assertion deceased was employed in C on April 20, 2006 to manage 65 or more business partners as chief or business directors, and among them, to directly visit and manage approximately 20 business partners.

The Deceased worked at around 06:40 each day, and almost every day, and had contact with the customer employees at least 3-4 times a week.

The Deceased performed an excessive work to attain his/her business performance, such as fry preparation three days prior to the death at night. From March 2009, the Deceased was forced to make a daily business report to D, who is the president, and was under heavy stress upon the increase in business sales.

As a result, there is a proximate causal relation between the death and the work of the deceased, because the death was caused by the heart suspension during the movement.

(b).

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