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(영문) 서울행정법원 2019.04.18 2017구합7825
유족급여및장의비부지급처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. Nonparty B (C) was an employee of the Korea Communications Agency, a public institution (hereinafter “instant workplace”).

B. At around 09:00 on November 11, 2016, B discovered the death of a guest room located in a burine room at the time of inn, and the reason for the death was confirmed as “burcing and hearting funeral (surcing and hearting of curcing).”

[1] The term “emergency funeral service” (hereinafter referred to as “instant injury and injury and injury and injury and injury and injury and injury and injury and injury and injury and injury and injury and injury and injury and injury and injury and injury and injury and injury and injury and injury and injury and injury and injury and injury and injury and injury and injury and injury.”

Around January 20, 2017, the Plaintiff, the deceased’s spouse, claimed the Defendant to pay bereaved family benefits and funeral expenses, but the Defendant rendered a disposition on March 27, 2017 on the ground that “the deceased cannot be deemed as having died of an occupational disease” (hereinafter “instant disposition”). D.

On August 11, 2017, the Industrial Accident Compensation Insurance Reexamination Committee dismissed the Plaintiff’s petition for reexamination on the ground that “the lack of objective grounds or medical opinion to recognize proximate causal relation between the deceased’s death and his/her work,” although the Plaintiff filed a petition for adjudication seeking revocation of the instant disposition with the Industrial Accident Compensation Insurance Reexamination Committee.”

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, 6, and 7, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In full view of the following circumstances, there is a proximate causal relation between the work and the injury and disease of this case, which is the cause of the death of the deceased.

Therefore, the instant disposition made on a different premise is unlawful.

1 The Deceased changed work from technical post at the time of death to office and increased responsibilities due to promotion is ① inspection of state administration, ② preparation of measures to resign from office in the members preparing questions, ③ frequent business trips, etc., and there is no experience with the chief of the department who is far old in the workplace.

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